


Class 
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HISTORICAL SKETCH 



Shawnee County, 



KA.NSA.S 



PREPARED FOR THE OCCASION OF THE 



CENTENNIAL CELEBRATION 



JULY 4, 1876. 



TOPEKA, KANSAS : 

Commonwealth Steam Book and Job Printing House. 

1876. 



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AUTHOR'S NOTE. 



The author of the following historical sketch would 
say, as an apology to the community and as a justifica- 
tion of himself, that the time allowed for its preparation 
— about ten days — was not sufficient, after attending to 
the usual calls of business, to do more than is here pre- 
sented. A recollection of this fsict is also urged in 
mitigation for errors or omissions tluit may be noticed. 

Thoughts were entertained of preparing a synoptical 
sketch, extending through the period of the county's 
existence, but it was concluded that a consecutive narra- 
tive, reasonably full of details, would be more satisfac- 
tory — especially to the older settlers of the county — and 
be more valuable as a basis for future historical work. 

July 4, 1876. 



.J Jx/\'\A . Arbu -N 



HISTORICAL SKETCH 



r~^OF' 



Shawnee County 



K ^ isr B A s . 



PREPARED FOR THE OCCASION OF THE 



Centennial Celebration, 



JULY -i, 187(;. 



TOPEKA, KANSAS; 

Commonwealth Steam Kook and Jon Printing House. 

1876. 



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HISTORICAL SKETCH 

OF 

SHAWNEE COUNTY, KANSAS. 



PRO-SLAVERY RtJLE. 

Tlie act of Congress establishing tlie Territory of 
Kansas was signed by President Pierce on the 30th of 
May, 1854. On the 29th of June Andrew H. Reeder 
was appointed Governor of the new Territory, and 
actively entered upon the discharge of his official duties 
in the following November. On the 8th of that month 
he issued a proclamation dividing the Territory into 
electoral districts. 

The third electoral district was bounded as follows: 
Beginning at tlie mouth of Big Spring's Branch, on the 
south side of Kansas river; thence \X]} the same to its 
farthest source; thence by a southerly line to the north 
bank of the Wakarusa river, at the east side of the 
house of Charles Matingly ; thence up said river and its 
main branch to the line of the Pottawatomie Reserva- 
tion, and thence by the southern and western lines of 
said reservation to the Kansas river and down said river 
to the place of beginning. Within this third electoral 
district, was embraced the territory subsequently desig- 
nated as Shawnee County. 

On the 10th of November an election was ordered for 
a delegate to Congress, to be holden on the 29th of the 
same month. The place of holding the election in the 



[4] 

tliird electoral district was at the house of Thomas N. 
Stinsoii, at Tccumseh. Judges of election were named 
hy the Governor to be John Horn(!r, S. I). Statcler and 
Anthony Ward. At that election there were polled 47 
votes, of which 40 were for J. W. Whitfield and seven 
for R. P. Flenneken, as delegate in Congress. 

On the 25th of Februar}'' the Territory was divided 
into three judicial districts, of which the second was 
bounded as follows: Commencing at the mouth of the 
Kansas river; thence up the same along the southern 
shore thereof to the western line of the Pottawatomie 
Reservation; thence along the western and southern 
lines of said reservation to the head waters of the Wak- 
arusa, or the nearest point thereto, and thence directly 
to and down the northern shore of the same to the east 
side of the house of Charles Matingly; thence due south 
to the middle of the Santa Fe road; thence westerly 
along the middle of said road to Rock Creek: thence 
due south to the north line of the Sac and Fox Reserva- 
tion ; thence along the north and west lines thereof and 
due south to the Neosho river ; thence up the southern 
shore of said river and of the south branch thereof to 
the head ; thence due south to the line of the Territory 
and thence by the south and east lines of the Territor}'- 
to the place of beginning. These boundaries included 
the first, second, third, fourth, fiftli, sixth and seven- 
teenth electoral districts, and U. S. Associate Judge 
Rush Elmore, was assigned to it, with provisions for 
holding court at Tecumseh on the second Monday after 
the third Monday of April and October respectively. 
For that portion of this third judicial district which 
was embraced in the second electoral district. John 
Horner, residing at Tccumseh, was appointed Justice of 
the Peace on the 5th of December, 1854,. and on the 22d 
of January, 1855, C. K. Holliday was commissioned as 



Justice of the Peace and Daniel II. Homo as constable. 
Mr. HoUiday qualified on the 13th of February and 
Mr. Home on the 20tli. 

In the month of January, a census of the Territory 
was ordered and T. W. Hayes appointed to the work in 
the third electoral district. He reported, about the last 
of February, a total of 252 persons in the district, of 
vvliich 1(j1 were males and 91 females, 101 voters, 112 
minors; 215 were natives of the United States, 12 of for- 
eign birth, and six slaves. 

On the 8th of March, a proclamation was issued for 
an election of a legislative council and house, to be held 
on the 30th of the ensuing March. The place of holding 
the election for the third district, as in the previous au- 
tumn, w^as at Stinson's, in the towai of Tecumseh. On 
that occasion was the first assembling together of Free 
State and pro-slavery men in this district, for the exer- 
cise of political rights ; tlie former having settled in the 
district during the last previous three months. They 
resided mostly at .Topeka, v/hile the pro-slavery settlc- 
meiits were at and in the vicinity of Tecumseh and 
along the Wakarusa river. The voters residing about 
Topeka attended at the polls, but w^ere opposed by a 
larger number of pro-slaver}?^ men, many of whom were 
armed, and boldly threatened violence to tlic Free State 
men if they persisted in attempts to deposit their ballots. 
The total vote reported to have been cast on that occasion 
WT.S 372. Of this number, D. S. Croysdale, pro-slavery 
candidate, was reported to have received, for representa- 
tive, 3GG votes, and C. K. Holliday, the Free State candi- 
date, four votes. This reported vote, upon the ratio of 
voters to poj^ulation, as found one month before by the 
pro-slavery enumeration, would imply a population of 
930 persons in the district — nearly a three-fold increase 
in thirty days. It w^as apparent to the most superficial 



[6] . 

observer, that a large number of non-residents had voted, 
or that great fraud had been perpetrated in the returns. 
This state of affairs was so apparent to Gov. Reeder that 
he refused to recognize the election as lawful and valid, 
but ordered a new election to be held on the 22d of May. 
At that election, 149 votes were cast, of which 0. K. Hol- 
liday received 148 — the Free State voters having gen- 
erally attended and the pro-slavery men as generally 
absenting themselves. 

The Legislature was called, to convene at the town of 
Pawnee, one and a half miles east of Fort Riley, on the 
first Monday in July. A certificate of election was issued 
to C. K, Holliday, and he attended and demanded his 
seat, but it was refused to him and awarded to Croys- 
dale, the candidate of the pro-slavery party at the March 
election. 

The Legislature remained but a few days at Pawnee, 
and then adjourned to the Shawnee Manual Labor 
School, near what is now Shawneetown, in Johnson 
County. At the session there, the county of Shawnee 
was established, with boundaries as follows: Beginning 
at the southeast corner of Douglas County; thence west 
twenty-four miles ; thence north to the main channel of 
the Kaw or Kansas river ; thence down said channel to 
the southwest corner of Douglas County; thence south 
to the i)lace of beginning. It will be noticed that the 
boundaries as thus given describe a right angle triangle 
form, wholly embraced within the territory of Douglas 
County, and that virtually Shawnee County was given 
uo territorial space whatever. Such ambiguities and 
impossibilities occur in the boundaries as given of Doug- 
las, Franklin, Dorn and perhaps other counties. " 

Assuming for Shawnee County such place as it was 
doubtless intended to assign to her, the position would 
nearly conform to the limits of the third electoral district 



[7] 

as designated by Gov. Reeder — altogether south of th6 
Kansas river and embracing somewhat of territory that 
was tlien called Weller, but now Osage County. To the 
north was Calhoun — now Jackson County — and to the 
west Richardson — now Wabaunsee County. 

A provision was made at this same session of the 
Legislature, that after the lands of the Territory were 
surveyed and subdivided by the Government of the 
United States, that township, section, or other legal 
dividing lines that should come the nearest to the 
boundaries of the counties as described in the statute, 
should be considered the lines defined. 

The name applied to this county, we are confident its 
people would not be willing to exchange for that of any 
other county in the State. It probably would have been 
given to the locality at the time occupied by the Shawnee 
tribe of Indians, but for a desire to give to that locality 
the name of Mr. Johnson, who had long been honorably 
connected with the Manual Labor School, when the Leg- 
islature was in session. 

For civil and military purposes, as the law had it, the 
counties of Weller (now Osage) and Richardson (now 
Wabaunsee) were attached to Shawnee. 

The town of Tecumseh was designated to be the per- 
manent scat of justice for the county of Shawnee, and 
the time of holding sessions of the District Court was 
fixed to be the fourth Monday in December. 

By act of the first Territorial Legislature, Probate 
Courts were established in each county, and probate 
judges elected by joint ballot of the two houses. William 
O. Thayer was elected to that oflice for Shawnee County, 
and was duly commissioned by the Governor. 

The Probate Courts, as then established, were clothed 
with extraordinary powers, under which they had con- 



[8] 

current jurisdiction with the District Court in most civil 
cases likely to arise, and were required to hold regular 
terms for hearing cases, quarterly. 

There was also established for each county a tribunal 
for transacting county business, consisting of two com- 
missioners and the probate judge of the county, who 
should be chairman of the board. These commissioners 
were also elected by joint ballot of the Legislative Assem- . 
bly, and for Shawnee County consisted of "Edward Hoag- 
land and William Yocum. George W. Berry was in the 
same manner elected sheriff, but declined to qualify, and 
and on tlie 24th of September John Horner was appointed 
to that office by the board of commissioners. 

TJie county was fully organized in the fore part of 
September, 1855. The first meeting of the county com- 
missioners of which there is any record was held on the 
17th day of September, though it appears from the tenor 
of the record that there had been at least one informal 
meeting prior to that date. 

The statutes of 1855 required that there should be 
enacted at the county scat of each county, at the earliest 
practicable period after the organization of the county 
and the location of the county seat, a good and sufficient 
court hou^e and jail, and such other public buildings as 
the exigencies might demand; and the tribunal trans- 
acting county business was clothed with full power to do 
all and singular what should be necessary to accomplish 
the erection of such buildings. The first business that 
came before the commissioners was with reference to 
erecting a court house. 

The Tecumseh Town Association had been incorpo- 
rated in August. On the 17th of September, the commis- 
sioners entered into contract with the said town associ- 
ation to erect a court house — the town association donat- 
ing to the county a site for the same, and other town lots 



[9] 

in Tccunisch. The town association soon entered into 
contract with parties Hving at Westport, Mo., to perform 
the work of bnildinu", and early in the spring of 1850 
they entered upon the work, and on the 17th of Novem- 
ber, folloAving, the building was so far advanced as to 
admit of occupancy for holding meetings of the county 
board. It was about 40 by 50 feet on the ground — two 
stories, with a lofty portico on the nortli. A broad cor- 
ridor extended througli the building, from north to 
south. There were rooms on the right and Mt for pub- 
lic offices, and in the southwest corner one for offenders 
against the " bogus statutes." In the southeast corner a 
flight of stairs led up to the conrt room, wdiich embraced 
all the second story. The walls of the building, columns 
of the 2^ortico, and partitions and floors of the first story, 
were of brick; and these, with the roof and glazing, com- 
prised wdiat there was of the building. The parties con- 
tracting to do the brick and stone work were to be paid 
for the brick WT)rk twelve dollars per thousand, brick 
measurement, wdien completed ; and for stone work, 
prices current at Westport. The commissioners con- 
tracted to pay for the same in manner following: " One- 
fifth to be assessed and taxed, levied and collected under 
the first term prescribed by law — viz : commencing in 
February next (1856.) Two-fifths in like manner in 

1857, and the remaining two-fifths in like manner in 

1858, with ten per cent, interest on the whole sum re- 
maining unpaid, commencing from the completion of 
said work, w^hen bonds to be issued, in relative propor- 
tions, payable as above specified." A contract of similar 
nature was also entered into with Luther M. Carter, for 
doing the necessary wood work. 

By the Territorial statutes, there was to be a tax col- 
lected annually for Territorial purposes, of 50 cents upon 
each free male person 21 years old and not more than 55 
— and a tax of one-sixth of one per cent, on the assessed 



[10] 

value of all lands and personal property, including 
slaves; and the tribunals transacting county business 
were empowered to levy and collect an annual tax upon 
the same subjects, for county purposes, not exceeding one 
hundred per cent, above rates for Territorial purposes. . 
The prospective resources of the county were thus ample 
to make payment, as agreed, for the court house. 

The Legislature provided for the election of a delegate 
to Congress on the first Monday in October. 

At the September term of the board of commissioners 
of Shawnee County, the counties of Shawnee, Weller and 
Richardson were divided into two voting precincts, as 
follows — viz : All that portion of Shawnee County south 
of the Wakarusa river and Weller and south half of 
Richardson County, to vote at "110," and all that part of 
Shawnee County north of the Wakarusa river and the 
north half of Richardson County to vote at Tecumseh. 
L. B. Stateler, A. A. Ward and Thornton Stralber were 
appointed judges of election at Tecumseh precinct, and 
Mobillan McGee, Fry McGee, and George W. Berry, 
judges at '* 110 " precinct. At that election, there were 
polled at Tecumseh 52 votes, and at " 110," 23 votes — all 
of which were for J. W. Whitfield, the i)ro-slavery candi- 
date. • The Free State party took no part in this election, 
and for the next two years maintained a position of defi- 
ance towards the autliorities of the county and Territory 
alike — in no way recognising nor participating in them. 

Tlie county commissioners, under these circumstan- 
ces, had great difficulty in getting the machinery of tax- 
ation into effective working. They had power to appoint 
all needed officers, and to make all needed orders, but 
all tliis was to little effect against the outraged and ini- 
yiolding Free ^State people, who were numerically in the 
ascendency. The most essential officer in the work of 
assessing and collection of taxes was the tax assessor. 



[11] 

The county board appointed John Horner tax assessor on 
the 15th of October, 1855, but proving an unsatisfactory 
officer, it removed him on the third Monday of the suc- 
ceeding month. They then appointed Benj. J. Newsom, 
but he resigned after holding the office for two months. 
Tliey then appointed Gerard C, Hooft, who duly made 
oath, like his predecessors, that he would faithfully dis- 
charge the duties of tax assessor for the county of Shaw- 
nee, wdth Weller and Richardson attached, for the year 
1856, but on the 21st of April of that year, he too resigned. 
Four days after the resignation of C. Hooft, Anderson Imes 
was appointed tax assessor, but failing to qualify, on the 
30th of May John C. Sims received the appointment, and 
after long hesitation qualified to the office on the 21st of 
July, 1856. Mr. Sims was succeeded by Wm. P. Fain, De- 
cember 16th, but his appointment was revoked on the 23d 
of February, 1857, because he had " failed to comply with 
the law." Fain was succeeded by Edward L. Yates, but 
whether he accepted the office does not appear, nor is it 
material, for the affairs of the county had become so 
confused that no valid business could have been done by 
him in assessing the projjerty of Shawnee County. 

An attempt was at one time made in 1856 to assess 
the property of the county for purposes of taxation, but 
it did not extend to the assessment of the property of 
Free State men, and was, so far as appears of public 
record, ineffectual as to producing any public revenue at 
all. The commissioners had anticipated considerable 
revenue for the treasury from the taxation of town lots 
and improvements, as several towns had been founded 
in the county in 1855 and 1856. But preparatory to 
assessment of thi^ property, it was necessary that there 
should be a public record of the plats of the towns. The 
parties interested in the town enter2:)rises were slow to 
comply with the law, so on the 21st of April, 1856, the 



[12] 

commissioners ordorctl tlieir clerk to notify tlio following 
town companies or corporations to file, according to law, 
maps and plats of tlieir respective towns, viz : Tecumseh, 
Topeka, Big Springs, Washington, 110, Brownsville, 
Paris, Council City and Glendale. 

There was difficulty in getting an efficient sheriff to 
serve during the dark period of 1855, 1856 and 1857. 
George W. Berry, John Horner, Benj. D. Castleman and 
James B. Whitaker holding in rapid succession that im- 
})ortant office. In fact, a large part of the business dur- 
ing 1856 and the first half of 1857, by the tribunal trans- 
acting county business, consisted of appointing, qualify- 
ing and receiving resignations of assessors, sheriffsy 
magistrates, constables and otlier county officers. 

Under these circumstances, in connection with tlie- 
civil commotions generally prevailing, it was impossible 
for the county to comply with its agreement witli the 
contractors for building the court house; but it did the 
best it could and issued to them the bonds of the county 
in full amount of all the work done. 

At its meeting on the IGth of December, 1856, the 
Ijoard of commissioners received tlie following communi- 
cation, relative to a public seal for the use of the county : 

"Tecumseh, Dec. i, 1856. 

Hon. Wm. O. Yager, Probate Judge, Shawnee County, K. T., 

Permit me to present to the Probate Court and County Court 
of Sha;wnee County the accompanying press and seal for the use 
of tlie county. The seal reads, 'Shawnee County Court,' * Te- 
cumseh, Kansas,' and above the word Tecumseh is the figure of 
an Indian chief, in hostile attitude, about to strike with his tom- 
ahawk, his rifle trailing on the ground; intended to represent 
Tecumseh, the distinguished Shawnee chief, at the battle of the 
Thames. Tecumseh being the name of our county seat, and 
named in remembrance of the chief, is the most consi)icuous 
word in the design. Respectfully, Edw'u Hoagland. " 



[13] 

Tlic letter was read, and on niotion it was ordered by 
tlic board tbat the seal be received and adopted as the 
official |)ublic seal of the Probate and Commissioners' 
Courts, and that the thanks of the board be tendered to 
]\Ir. Hoagland, 

On the 19th of February, 1857, the Territorial Legis- 
lature made provision for the holding of a convention at 
Lecompton in the succeeding September, for the purpose 
of framing a State Constitution. It at the same time 
made provision for taking a census of the legal voters of 
the Territory — the work to be done in the several coun- 
ties by the sheriffs thereof, and upon these enumerations 
as returned to the Governor, he was to a})portion the 
sixty delegates of which the convention should be com- 
posed. The election was to be held on the third Monday 
in June. 

The number of legal voters as taken and returned for 
Shawnee, including the attached counties — Davis' (previ- 
ously Weller) and Richardson — was 283. Upon this 
return, the acting Governor (Stanton) apportioned but two 
delegates for the 11th election district, comprising the 
three counties named. The county commissioners, per- 
ceiving this to be an unjust apportionment, resolved that 
no complete census of the inhabitants and voters in this 
district had been taken, as required by law; that the 
district was entitled to five delegates instead of two, and 
recommended to the voters that five candidates be voted 
for, and that the five having the highest number of votes 
should be returned as duly elected delegates from the 
district to the constitutional convention. It does not 
appear that the voters regarded this recommendation. 
In fact the election was hardly regarded by the people. 
The Free State party of course took no part in it, and the 
pro-slavery party but little, as it appears from the result 
that no candidate received more than 58 votes — David 



[14] 

Lykiiis, Will. Hciskcll and J. T, Bradford, having each 
received that number, and Ilenr}'^ L. Lyons 17. 

Two months after this election, an election was held 
for officers under the Topeka Constitution, and 231 votes 
were polled. 

By act of the Legislature Feb. 11, 1857, Shawnee and. 
attached counties was constituted the second judicial 
district. 

On the 20th of the same month the boundaries of 
Shawnee County were fixed as follows: Beginning at 
the southwest corner of Douglas county; thence west with 
the section lines to the corner of sections 14, 15, 22 and 
23, town 15 south, range 13 east; thence north with the 
section line to the middle of the main channel of the 
Kansas river; thence down said river by the middle of 
the main channel thereof to the northwest corner of 
Douglas County; thence south with the west boundary 
of said Douglas County to the place of beginning, and 
simultaneously with the passage of this act the county 
was constituted the eleventh representative district. 

The first subdivision of the county into municipal 
townships was made by order of the County Board on 
the 24th of September, 1855, and by which order, all the 
territory laying north of the Wakarusa river was formed 
into Tecumseh township, and the tcrritoiy south of that 
stream was organized under the name of Yocum Town- 
ship. The next change of townships was made on the 
23d of February, 1857, in anticipation of tlie election to 
be held in June for delegates to the Lecom})ton Constitu- 
tional Convention. The change at that time consisted 
of organizing Topeka Township, which was made to 
consist of all that portion of Tecumseh Township, as 
theretofore existing, and lying west of section line three 
miles west of the town of Tecumseh. 



[15] 

111 aiitic'i])ation of tlic goiiom] election to be lield in 
October of thtit year, bowever, a general reor<i,anizatioii 
of ninnicipal townsbips was made on tbe 21st of Sep- 
tember. At tbat time tbe county was divided into five 
municipal townsliips under tbe respective names of 
Tecuinseh, Topeka, Brownsville, Burlingame and Wak- 
arusa. Each townsbip was declared to be an election 
precinct, and places for voting were designated and 
. judges of election ^appointed by tbe county board, as fol- 
lows: 

In Tecumseb Townsbij), at tbe Court House. Judges 
of election: Eli Hopkins, James W. Lacy, Bennett A. 
Murpby. 

Topeka Townsbip, at tbe Garvey House. Judges: 
Samuel T. Walkley, M. C. Dickey, Jeremiab Murpby. 

Wakarusa Townsbi]), at tbe trading bouse of Hudson 
and Lincoln. Judges: Aaron Cuberly, Milton Tbarp, 
Wade W. Babcock. 

Brownsville Townsbip, at Fox's Hotel. Judges: Wil- 
liam Jobnson, David Hammond, Daniel Turner. 

Burlingame Townsbip, at tbe bouse opposite the Bur- 
lingame House. Judges: Thomas Russell, William Lord, 
C. D. Marple. 

This arrangement of voting precincts and election 
judges was everything tbat the Free State party could 
ask, as to convenience and character of men. Various 
circumstances* had operated in Shawnee County to con- 
vince the pro-slavery men tbat it was useless longer to 
strive against the predominance of Free State sentiments, 
and, making a virtue of necessity, they had wisely deter- 
mined to invite a fair and honorable trial of strength at 
the polls, and if results should so determine, to gracefully 
yield the county government to the Free State party. 



[16] 

OCTOBER ELECTION, 1857. 

Governor Walker was full of zeal to unravel the knot- 
ty entangleitient of Kansas politics. He visited Topeka, 
made addresses upon the political situation, urged the 
Free State men to participate in the forthcoming election, 
mingled in social circles and made himself generally 
})opular. The friends of free Kansas in Congress and 
throughout the free States were also advising an active 
effort in that election, and, in common with their friends 
in other counties, the Free State men of Shawnee deter- 
mined to make another effort in that direction, to secure 
their political rights. This conclusion was reached but 
two or three weeks before the election came on, and great 
vigilance was necessary to organize the party to efficient 
work. A convention was called to meet at Brownsville, 
to place in nomination county officers and representatives 
to the Legislature. Few or none but Free State men at- 
tended, but they were present in good number, especially 
so from Topeka, Burlingame, the vicinity of Brownsville 
and on the line of the Santa Fe road between Brownsville 
and Big Springs. It was the first county convention of 
the Free State party. Perfect harmony of sentiment and 
general good feeling prevailed, though the men were to 
a large extent strangers to each other. There was indeed 
a general reluctance to take part in the election on ac- 
count of the implied recognition of the bogus Territorial 
government that tlie act would carry with it; but there 
seemed no other way out of the difliculties, and, having 
full knowledge that if illegal votes could be kept out, 
victory was sure to follow, reluctance finally yielded to 
enthusiasm, and the work of organizing the first political 
campaign in Shawnee County commenced. 

Phillip C. Schuyler, of Burlingame, was chosen chair- 
man, and F. W. Giles, of Topeka, secretary. The nomi- 
nations were as follows: For mond)er of the Territorial 



[17] 

Council, Cyrus K. Holliday; for Representative in the 
House, James A. Delong; for Probate Judge, i'liillij) C. 
Schuyler; for Sheriff, Jehiel Tyler; for Recorder of 
Deeds, F. W. Giles; for County Commissioners, Hiram 
Shields, Harvey W. Curtis; for County Surveyor, Joel 
Huntoon ; and for Justices of the Peace, Joseph C. Miller, 
J. N. Frazier and P. T. Hupp. 

As an illustration of the inattention given to the Ter- 
ritorial laws by the Free State people, it may be men- 
tioned that neither the office of sheriff, recorder of deeds, 
county surveyor, or justices of the peace, were elective 
under the statutes of the time, but were appointed by the 
tribunal transacting county business. 

There had been a pro-slavery convention held at 
Tecumseh, and a full list of nominations made, but they 
were supported with little heart, as the result of the elec- 
tion fully demonstrated. The returns of that election 
show the following results; Total votes cast, 710, of which 
649 were for the Free State ticket, and 61 for the Pro- 
slavery ticket — or Democratic ticket, as it has sometimes 
been styled — but we deem the former the more truthful 
appellation. 

CANVASSING THE VOTE. 

The first meeting of the board of county commission- 
ers after the election, was held on the 20tli of November. 
Present, Hon. Wm. 0. Yeager, probate judge; Edward 
Hoagland, county commissioner; John Martin, clerk. 
The record of that meeting commences as follows ; "The 
court now having under consideration the subject of the 
October election returns, on motion, the following orders 
were made, to wit: First, Hon. E. Hoagland, county 
commissioner, presented his account as county commis- 
sioner for the sum of sixty dollars. The account is 
examined and allowed, and on motion the clerk is 



[18] 

ordered to draw treasury draft, No. 15, in favor of 
Edward Hoagland for $60.00. 

"John Martin, Clerk of the Commissioner's Court, 
presented his account as clerk of the board and county 
recorder from January 19th, 1857, to October 5th, 1857, 
inclusive. Account examined and allowed, and on 
motion order No. 1(J on County Treasurer in favor of 
John Martin for the sum of eighty-five dollars and 
ninety-five cents, ($85.95) account as recorded up to same 
date. 

"On motion the board adjourned. 
" Attest : Signed : 

"Jno. Martin, Wm. O. Yeager, 

" Clerk, &c. Commissioner." 

The foregoing proceedings would seem to suggest that 
the board had the subject of tlie election returns before 
it for some purpose, but finding it a disagreeable subject 
of contemplation abruptly turned its attention to the set- 
tlement of their final accounts — for services rendered. 
The law really required no action of the board further 
than to place the returned poll books on file for ref- 
erence. 

The first officer of Shawnee County who held his 
position by virtue of a popular election was Jeliiel Tyler, 
who was commissioned by Fred. P. Stanton, Secretary 
and acting Governor, under the date of the 2Gth of 
November, 1857. 

Mr. Tyler qualified and entered uj)()n liis duties as 
Sheriff on the 30th of the same month. The regular 
term of the Commissioners' Court occurred on the third 
Monday of December. 

Of the newly elected Commissioners only H. W. 
Curtis was present. Adjournment was taken to the 31st 
day of that month, on which occasion were present 



[ID] 

Hiruni Shields and II. W.Curtis, but no i)ul)lic business 
was transacted. 

At .the reguhir meeting of the Commissioners' Court, 
on tlie 18th of January, 1858, were present Messrs. 
Sliields and Curtis. 

The people of Tecumseh were a good deal alarmed 
lest the new power in county affairs should not recog- 
nize the proceedings of the old board, with reference to 
building a court house, and on the occasion of this first 
business meeting of the new board they sought to involve 
it and the Free State party of the county in such full 
recognition of the proceedings in that behalf, as to bar 
them from any repudiation of county obligations on ac- 
count of the court house in the future. In acquiescence 
of the urgent rej)resentations of citizens, and of the "court 
house ring," the commissioners — unwary of craft or in- 
different of precedent — ordered Sheriff Tyler to make 
some slight alterations about the court house ; designated 
its rooms to the several county offices, and ordered the 
Tecumseh Town Association, contractors, to proceed with 
their work in completion of the court house. The solici- 
tudes of the Tecumsans was assuaged by this action in a 
marked degree. 

At the same meeting the board proceeded to do a 
gracious act towards the unfortunates whom the Free 
State men had in their ignorance, or rather their indif- 
ference, of Territorial law, elected to offices which 
the laws knew not of. Thus Mr. Joel Huntoon, who had 
been voted for for the office of county surveyor, was 
appointed to works of civil engineering, especially the 
prei^aration of plans and estimations for a bridge over 
Deer creek, near Mr. Matthews' house, and Fry W. Giles, 
who rejoiced over his election to hold the office of record- 
er of deeds, but who thereafter learned, to his great sor- 
row, that' the bogus Legislature had not exercised its 



[20] 
wisdom in the creation of such an office, was a])i)ointed 
to the more lionorable position of " clerk of the board of 
county commissioners for Shawnee County, and ex officio 
clerk of the Probate Court, and recorder for said Shawnee 
County;" and it was further "ordered that the clerk of 
the board grant unto IMr. Giles a certificate of his appoint- 
ment, and notify him to appear at the next term of the 
court to be qualified, and also to produce a bond, with 
api)roved sureties, in the sum of two thousand dollars." 

Tlie board also ordered tliat Phil]i[) C. Schuylei-, who 
had been elected to the responsible ofHce of probate 
judge, be notified by the clerk to appear at the adjourned 
term of the court, to be held oji Tuesday, the 23d day of 
February, or to signify by letter his intentions as to being 
qualified as probate judge. 

Mr. Schuyler thereafter signified to tlie board tliat he 
must decline to qualify and enter u]Hm the duties as- 
signed him. Judge Yeager having removed from the 
county, and there being a vacancy in the office, the com- 
missioners' court, on the 27th of February, took action as 
follows, to wit : 

" Whereas, Phil-lip C. Schuyler, Esq., judge of pro- 
bate elect for Shawnee Coujity, has declined to accept 
said office, and duly signified the same to the Governor, 
and 

"WiiEiiEAs, Hon. Williani 0. Yeager, late judge of 
probate of said county, has removed from Kansas Terri- 
tory, whereby a vacancy has occurred in said office, and 

" Whereas, Hon. J. W. Denver, secretary and acting 
Governor of the Territory has appointed and commis- 
sioned Edward Hoagland, Esq., as probate judge of said 
county, and 

"Whereas, Doubts exist as to the authority vested 
in the Governor, as well as to the validity of chapter 44 



[21] 
of the laws of 1855, in relation to probate courts and the 
appointment of probate judges — 

"Therefore, In order to remove these doubts and 
give validity to said appointment, if necessary, as well as 
to provide for contingencies that may arise, the board of 
county commissioners, constituting the tribunal trans- 
acting county business, to wit : Hiram Shields and Har- 
vey W. Curtis, by virtue of the authority contained in 
section 3 of chapter 44 of laws of 1855, do hereby elect and 
appoint the said Edward Hoagland as probate judge for 
said county, to fill the existing vacancy caused by the 
declination and removal aforesaid," 

Judge Hoagland qualified to the office on the 2Gth of 
February, 1858, and thereafter the " tribunal transacting 
county business," consisted of Edward Hoagland, probate 
judge, as chairman, and commissioners Shields and 
Curtis. 

Joseph C. Miller and S. N. Frazier declined to serve 
as justices of the peace — positions for wdiich they had 
been designated by the October election ; otherwise they 
would undoubtedlyy have been appointed to that ofiice 
by the county board. 

C. K. Holliday and James A. Delong were occupying 
their seats, respectively, as counsellor and representative 
in the Leo;islature — in session at Lawrence — and M. J. 
Parrott w^as in Washington as delegate to Congress. 

Thus a complete political revolution had been accom- 
plished in the Territory, but nowhere more complete 
than in Shawnee County — the real sentiment of which 
had, from the summer of 1855, been most decidedly for 
" Free Kansas," and always thereafter, unto the present 
day, most staunch in the faith of the Republican party 
and all that the name implies. 



[22] 
LOCALITIES OF FIRST SETTLEMENTS. 

In Kansas, as everywhere in the marcli of humanity 
around the globe, the lines of communication are the 
first influence to determine points of settlement. Over 
the vast region of America lying between the Missouri 
river and the Rocky Mountains, expressively designated 
as " the plains," the ways of travel to the trader, the 
army and the emigrant, were few and far between ; but 
long before the settlement of Shawnee County, they were 
well defined and their nomenclature as household words 
to the fromtiersmen. 

From the time when the advanced lines of commerce 
had threaded their way up the Mississippi and the Mis- 
souri rivers to the mouth of the Kansas, there to ex- 
change commodities with the distant regions of New 
Mexico, vast caravans were traversing the divides of the 
district now known as Shawnee County, and wearing so 
deep these channels of communication that twenty years 
of plowing and cultivating has not been sufficient to 
efface them. 

One of the chief routes for this travel between the 
Missouri river and Santa Fe, New Mexico, by the way of 
Westport, followed on the south side of the Kansas river. 
After passing the Wakarusa, some six miles east of Law- 
rence, it took the divide between that stream and the 
Kansas and followed it, making almost a direct course 
over the high plateau from Big Springs, and recrossing 
the Wakarusa to the south, near Auburn. 

In the summer and autumn of 1854, ten to fifteen 
families from Missouri, following that great trail, settled 
at different points upon the rich, well timbered and gen- 
erally inviting bottoms of that stream. Of those fami- 
lies, we have the names: Matney, Yocum, Simerwell 
Ifapp, Carriger, Brown, Johnson, Berry, Babcock and 
Snyder. 



[23] 

After the cstablislmient of Forts Leavenworth and 
Riley, a military road was opened connecting them and 
touching the Kansas river near Topeka, and from that 
point, crossing the river and leading out in a southwest 
direction to intersection with the Santa Fe road, near 
Webster mound, some two miles from Topeka. 

BURNET'S MOUND. 

A moment's digression to speak of the name of this 
mound — the highest point of land in Eastern Kansas. 

On the morning of December 5th, 1854, when the 
founders of Topeka took their first stroll out upon the 
high lands between the Kaw and the Shunganunga, now 
designated as Tenth Avenue, of the many points of in- 
terest in the landscape to attract and interest them, the 
conical peak to the southwest was one of the most prom- 
inent. Feeling that they were where man had not been 
before, and that one of his first duties was to give names 
to things, an enthusiastic admirer of Daniel Webster 
proposed, as a name for that peak on the plains, Webster 
Mound. The suggestion was agreeable to the party, and 
when spoken of by Topekans that name has been gen- 
erally assigned to it since. 

It was afterwards learned that the locality had been 
known to travelers as Burnett's Mound. Gov. Abraham 
Burnett, of the Pottowatomie tribe, having since the set- 
tlement of his tribe in this vicinity resided near its base. 
To Gov. Burnett, the last of a long and royal line of 
chiefs that bore rule over the Pottowatomies, the name 
in all fairness belongs. Tojjekans, till within a few 
years, were f;imilliar with his huge proportions and pla- 
cid countenance, and many a family album holds his 
picture. The man who, in honor of his political idol 
proposed Webster Mound, is willing to withdraw it if 
custom so ordains, but if such be the sentiment, then in 
decent regard for the memory of the great chief who 



[24] 
liad a prior riglit, let it be called Burnett's Mound, now 
and evermore. 

For the accommodation of emigrant trains to Oregon 
and California, which desired to cross the Kansas river 
at the crossing of the military route, a by-way had been 
opened from a point on the Santa Fe road at Big 
Springs, and thence past Tecumseh Creek, Deer Creek 
and the Shunganunga, at a point about in a line with 
Fourth Street, Topeka, where a bridge had been con- 
structed for its accommodation, and intersected with the 
military road at Paapan's Ferry immediately west of To- 
peka. 

Upon this intersecting branch of the great roads 
named, traversing one of the most valuable and interest- 
ing portions of the county, settlements were made in the 
summer and fall of 1854 by families bearing the names 
Stinson, Waysman, Grasmuck, Hand, Hopkins, Byler, 
Hunter, Jordan, Stephenson, Naylor, Morris, Hcrron 
Wottman, Hook, Copeland, Nickum, Hayes and prob- 
ably a few others. 

At the crossing of Deer Creek lived a man and family 
by the name of Matthews. On the bottoms just east of 
Topeka were French families of the name of Bernier and 
Billiard ; just west of Topeka A. A. Ward and family and 
in the neighborhood of Burnett's Mound Shattes Lyford 
and perhaps one or two others. 

The total number of families residing in the territory 
embraced in Shawnee County on the 29th of November, 
inclusive of a few at Burlingame and cast of there, may 
have been about forty. The vote reported as polled on 
that day for delegate to Congress, was forty-seven. 

TECUMSEH. 
Very few towns have been founded in Kansas under 
more favorable circumstances than was Tecumseh. For 



[25] 

many 3^ears prior to the passage of the Kansas and Ne- 
braska Act, Thomas N. Stinson, as an Indian trader, had 
been familiar with tlic vaUoy of the Kansas river and 
adjacent country. In the exercise of a wise discretion 
he had selected one of the most picturesque localities of 
all the places of beauty in that valley, as his home, and 
in advance of all others had acquired title in land there 
— eight hundred acres as fertile and beautiful as the 
heart of man could desire. 

Perceiving his opportunity, Mr. Stinson in Sep- 
tember, 1854, procured an engineer and had a portion 
of his lands laid out for town purposes. Governor Reed- 
er made this house his stopping place when on trav- 
els up and down the valley in the fall of 1854, and in his 
proclamation for the first Territorial election, held Nov. 
29th, named Stinson's as the place for voting in the 3d 
electoral district. 

It was said that Gov. Reeder, struck by the beauty of 
the locality and its eligibility as a site for the capital of 
the future State, suggested to Mr. Stinson the scheme of 
making it such. Be this as it may, it is unquestionably 
true that a tacit understanding was entered into between 
themselves and others, in the fall and early winter of 
1854, to that end, and Gov. Reeder is supposed to have 
been largely interested in forwarding the arrangement. 
Not only so, but, as well authenticated rumor had it, U. 
S. Judges and other officials representing the influence 
of the Territorial government were associated in tlie 
scheme, and it was prearranged that Gov. Reeder would 
call the first Legislature to meet there. 

During the winter, however, a violent feeling arose 
between the Governor and the people of Missouri, and 
this so estranged him from them and all their influences 
and associates, that he determinnd to hazzard the capital 
scheme, and call the Legislature at a place as far from 



[26] 

that influence as possible. This action somewhat dis- 
couraged his associates, but the enterprise was not aban- 
doned. 

When the Legislature was in session at ShawneO' 
Manual Labor School, the subject of making Tecumseh 
the territorial capital was brought prominently forward. 
The Tecumseh Town Association, represented by Thos, 
N. Stinson, James Hunter, Abraham Coningo, Albert 
Elmore, A. J. Isaacs, James M. Hunter and their associ- 
ates was incorporated, and, it is probable that corner lots 
were freely offered for votes. 

A rival scheme, however, was broached, that of locat- 
ing the capital at a place afterwards known as Lecompton. 
A sharp rivalry ensued among the interested legislators, 
but the city in the hollow won, and a potent argument 
to produce that result was said to have been the expedi- 
ency of reducing the abolition towns of Lawrence and 
Topeka to ashes, by placing the capital as nearly as 
might be midway between them. Had Tecumseh pre- 
vailed, and an honest expenditure of the money appro- 
priated by Congress for building a capital been made, it 
is not improbable that the State capital would have re- 
mained there. Losing the greater prize, she was made 
the county scat, and given all the power to retain that 
honor that could have done her any good. 

During the winter of 1854-55 a number of families 
settled at Stinson's and a little grocery and a drug store 
were started. In the spring of 1855 ten or fifteen men of 
enterprise and influence, actuated to a considerable de- 
gree by the anticipation of tlic locality becoming the cap- 
ital, settled there, and during the ensuing summer and 
autumn the semblance of a "town" was quite apparent. 

A ferry was established on the river and public im- 
provements were in contemplation. During the year 1856 
Tecumseli assumed its most violent character as a ]»ro- 



[27] 
slavery town, and the probabilities of a clasli at arms 
between her and Topeka became so great that she called 
upon Gov. Geary for protection. Notwitlistanding the 
general gloom pervading Kansas on account of the polit- 
ical agitations, Tecumseh got her court house built and 
grew apace, as a commercial and political point. She 
was quick to perceive the importance of a bridge over 
the Kansas river and secured an exclusive charter of 
bridge priviliges at that point and for five miles west of 
it, at the second session of the Territorial Legislature, 
doubtless expecting to prevent Topeka from securing a 
like priviledge. 

The bridge company contracted for an iron super- 
structure to be built at Cincinnati and entered upon the 
work of preparing abutments for its reception. The un- 
dertaking involved a much greater expenditure than the 
little community was able to make, and during 1857 
the political prospects were evidently against her ; so 
that the work could not be pressed with vigor. 

Topeka, too, was making efforts for a bridge and actu- 
ally completed one of cheap construction in the Spring 
of 1858. This had the effect of quite demoralizing tlie' 
Tecumseh enterprise. The work was done at Cincinnati 
and drafts were made upon the company which it could 
not pay. Discouragement and inaction followed. Later 
in the season the bridge at Topeka was carried away 
with the flood. This revived tlie hopes of Tecumseh 
and work was resumed there, an abutment having been 
nearly completed on the south bank of the river made of 
the well adapted stone of that vicinity and which was a 
fine specimen of bridge architecture. 

In 1858 Tecumseh attained her best proportions. 
She then stood fully the rival of Topeka in attractions 
for trade, having mills, and mercantile houses of cost and 
elegance, well supplied with goods and enjoying trade 



[28] 

even from her only rival. A newspaper was published 
there and whatever advantages could come from being 
the county seat were hers. But with the passing away 
of 1858, passed away too, forever, those advantages. In 
January 1859 the public archives were removed from 
her, and the pretty village, — two years before so full of 
hope, now mourned and decimated to decay. 

Men of southern origin and politics, discouraged by 
the declining prospect of Kansas becoming a slave State,. 
as well as of Tecumseh becoming the capital or a shire 
town even, removed to more promising localities in the 
Territory or returned to their native States. 

The decay once began rapidly spread to entire deso- 
lation. 

Dwellings once surrounded by well kept grounds and 
floral charms — the pride and satisfaction of their posses- 
sors — were at common, and swine within the dwelling 
walls. 

Storehouses — once filled with costly merchandise and 
noisy from words of trafic all day — stood in lonely silence 
or rattled their sash and slammed their doors in discord- 
ant tones with winds that whistled through ; village cows 
shaded themselves and clanged their bells in court house 
rooms and corridors, aforetime familiar with judicial 
mandates, and the rattle of the crier's bell ; while streets 
were lost in the wilderness of native grass. 

Then ensued the scene of buildings falling from neg- 
lect, or moved for sheds and barns to surrounding farms, 
the closing of unused streets and parks and the reversion 
of lots and blocks to fields of agriculture. The court 
house came to vendue sale, and for the meagre sum of 
five hundred dollars; its dissevered parts were carried 
away to reappear in modest farm cottages, and now — 
where scenes of commerce and social gaiety filled the 
day — there waves rich fields of ripening grain that 



[29] 

reconvert the abandoned town to its priniativo pic- 
turestpieness. 

TOPEKA. 

On tlie 29tli day of November, 1851, M. C. Dickey, 
Enoch Chase, J. B. Chase, and George Davis, arrived, 
with a pair of oxen and wagon bearing their luggage, 
upon the present site of the city of Topeka. Being 
pleased with the locality of the scenery and the apparent 
productiveness of the soil, they made selection of farm 
claims, with reference to prc-em})tion. On the 3d of De- 
cember, while out in pursuit of his oxen, Mr. Dickey 
learned that a little party of men from the East had 
arrived at Lawrence, on the previous day, and were seek- 
ing homes in the new Territory. Stimulated by the 
thought of associating the newly arrived men with him- 
self in a town enterprise, he pursued his walk over a 
rough way and in storms to Lawrence — a distance of 27 
miles — the same day, which was Sunday. On the morn- 
ing of that da}^ a consultation was held by Mr. Dickey 
with the newly arrived party and a few men of Lawrence, 
in reference to the practicability of founding a town, the 
result of which was that a committee of four persons was 
chosen to accompany Mr. Dickey to his place on the suc- 
ceeding day, and, if they should deem the proposition a 
practicable one', to report to the rest of the party. 

Agreeable to appointment, the committee and two 
men besides accompanied Mr. Dickey to his place, arriv- 
ing there at the close of the day — the fourth of Decem- 
ber. On the next morning, the committee, by a very 
casual observation, having become convinced of the 
practicability of the proposed scheme, entered into agree- 
ment with associates then uj^on the ground, to proceed 
to lay out and pre-empt for town purposes, 'under the 
laws of the United States, 320 acres, and by other means 
secure as much more as mioht be found desirable. 



[30] 

Tlio names upon the contract appear in order as fol- 
lows : C. K. Holliday, F. W. Giles, Daniel II. Home, 
George Davis, Enoch Chase, J. B. Chase, M. C. Dickey, 
C. Robinson, L. G. Cleveland. Scarcely any two of these 
men had ever met together until within the previous 
week, and so much as the names of the nine men, was 
known to no one of them. They were from New Eng- 
land and the Middle States, and had come to Kansas, 
principally actuated by a desire to do what they might 
to make Kansas a free State. The news of the forming 
of a town was immediately published across the conti- 
nent to the East, and it at once became a center for the 
congregation of immigrants from the eastern and north- 
ern States. 

In the spring of 1855, the work of building houses, 
establishing roads and ferries, and all other accessories 
of civilization was vigorously commenced, and prosecuted 
during the summer. By the Fourth of July a newspaper 
was established, and by autumn it was evident that the 
town enterprise was to prove a reasonable success. 

The founders had frequently jested upon the subject 
of making Topeka the capital of the forthcoming State; 
but they now began turning their jests into remarks upon 
the probability of so great success for the novel enter- 
prise. In this they had been greatly strengthened by 
the Free State movement to frame a State Constitution, 
the convention for that purpose having been held at 
Topeka and that locality having been actually named as 
the cajtital of the State. 

During 1856, the town made encouraging growth, 
notwithstanding the many discouragements incident to 
the high political excitement and angry strife every- 
where in the Territory prevailing. 

By the spring of 1857, the Free State people, as well 
throughout the country as in Kansas, having become 



[31 ] 

p;rcatly encouraged in the hope of saving Kansas from 
slavery, a large immigration commenced to flow into lier 
borders, and To})eka naturally attracted a goodly share 
of its attention. As early as A[)ril and May of that year, 
an active inquiry sprang up for investment in Topeka 
town lots. The sup})ly was ample and the original holders 
were happy in so suddenly iinding themselves the reci})- 
ients of tens of thousands of precious coin in exchange 
for that which had cost them nouglit but a few years of 
deprivation usually incident to frontier life. 

During that year many buildings were erected and 
of a superior (quality. Large accessions were made to 
stocks of merchandise, the Episcopal Female Seminary 
founded and churches organized. It was a new life to 
Topeka, and during winter of 1857-58 its people rested in 
comforts and contentments that in Kansas they had 
known not of. Confidence was greatly increased in a 
favorable result to the Free State cause; property was 
enhanced in value in the Free State towns, and the sen- 
timents that these people had come to Kansas to promul- 
gate had demonstrated a power in Shawnee County that 
assured them of a future quietude and prosjierity. 

AUBURN. 

Prior to the settlement of Kansas by white i)eople, 
the Indians had selected for the purpose of an Indian 
village, a pretty site at the junction of the three streams 
which form the Wakarusa river, a little to the southwest 
of the present town of Auburn. In July, 1854, Mr. John 
W. Brown, who had for some time been in government 
employ, came to this locality, and being charmed with its 
natural attractiveness, secured from the Indians their title 
to it. He soon after returned to parts of Missouri wnere he 
was acquainted and told his friends that he had found 
the Garden of Eden. A number of families, among whom 
were those of Messrs. Carriger, Snyder, Reed, Jones, WeUf 



[32] 

and Johnston, nothing loth to visit the sacred spot Mr. 
Brown supposed he had found, returned with him, and 
indeed, other evidences of their friend's good fortune 
there the fact that "three rivers went out from there," 
they found, in many things — enough at least to chain 
them there, in all satisfaction. 

In 1856 Mr. Brown associated with himself Messrs. 
M. C. Dickey, Loring Farnsworth and Henry Fox for 
the purpose of establishing a town. They pre-empted 
320 acres of land near Mr. Brown's place, laid it out and 
platted for that purpose and christened it Auburn. It 
was located immediately upon the line of the great Cali- 
fornia road, as it was called, whitened every day by long 
caravans of Government and Santa Fe traders, — the 
plains resounding with the sharp report of the oxmen's 
murderous thong, and carcasses of exhausted animals, 
like milestones marking the way. The travel upon this 
road and the near proximity of tlie Pottawatomie nation, 
made the location a favorable one for trade The work 
of building at once began. Dwelling houses, stores, 
mills, a large and attractive hotel, and buildings for re- 
ligious and educational purposes appeared of superior 
quality and in rapid succession, betokening an intelli- 
gent and determined purpose on the part of the little 
community assembled there. The town being compara- 
tively near the centre of the county as then bounded, it 
was thought with reason that it had favorable prospects 
of being made the seat of justice; indeed during a year 
or two Topeka was not a little alarmed at the growing 
pretensions of their neighbor on the Wakarusa. 

During the years 1858 and 1859 the town received a 
great deal of attention from immigrants, its population 
and wealth constantly increasing and the town present- 
ing augmented attractiveness. Two daily stage lines 
brought large mails and strangers thronged the hotel to 
thr? utmost capacity. 



[33] 

A good weekly newspaper was maintained, and busi- ■ 
iness and social relations between Brownsville and 
Topcka, and other principal towns, were frequent and 
pleasant to all who had occasion to, go there. The writer 
of this sketch found it to his interest to purchase native 
lumber and merchandise there for a house he was build- 
ing at Topeka in 1859. 

A persistent eflfort was made for the construction of a 
railroad from Leavenworth via Lawrence and the Waka- 
rusa valley to Auburn, and it was at one time near 
accomplishment. But Auburn, notwithstanding her 
persistent and well directed efforts to maintain herself, 
was doomed to disappointment. Of the causes that con- 
tributed to this result may be mentioned a large decrease 
of trade, incident to the abandonment of farms in dis- 
tricts contiguous to her, on account of the drouth of 1860, 
and the subsequent removal of large numbers of Potta- 
watomie Indians who had done their trading there. A 
more potent cause still was the rivalry of Burlingame 
on the one side, and of Topeka on the other, on the 
the county seat question. Between the upper and the 
nether millstones she was shorn of all chances of secur- 
ing the boon of the county seat. By a concert of action 
between her more powerful rivals, at the session of the 
Legislature in the beginning of 1860, a tract of territory 
— equal to six government townships — was disconnected 
from Shawnee on the south, and annexed to Osage coun- 
ty, thus destroying the argument of Auburn in favor of 
being made the county seat, based upon the idea of 
greater centrality than Topeka. 

Finally, Topeka was promoted to the position of State 
capital, under the effect of which she soon attained an 
influence and a commercial importance in the county 
that it were useless to contend against. Auburn then 
rapidly sank from her best estate and became as now. If 



[34] 
permitted to lay oil' the character of historian and assume 
that of prophet for a minute, we shouhl say, that when 
Shawnee County and the districts of Wakarusa naturally 
contiguous to Auburn, for trade, become the densely peo- 
pled and wealthy localities that their real worth de- 
mands, Auburn will rise again; but, until then, she may 
console herself by singing the plaints of Goldsmith for 
his own deserted village. 

The government survey of the lands of Shawnee 
County was completed in the spring of 1857, and the 
land office opened at Lccompton, for proving occupancy, 
the succeeding fall. This circumstance, in connection 
with the general prosperity of Tecumseh,Topeka, Browns- 
ville and Burlingame, induced a desire to found new 
towns in the county, that was equaled in no other county 
of the Territory, and seems now to have been almost a 
mania. Commencing in May, 1857, there has since been 
laid out and platted towns in Shawnee County, as follows: 
Georgetown, Lexington, Versailles, Prairie City, Indiana 
City, Williamsport, Switzler, Marvinstown, Evanstown, 
Washington, Wilmington, Carthage, Superior, Richland, 
Kingston, Rossville and Silver Lake — besides additions 
to the four previously existing towns. Most of these 
have fortunately been approi)riated to growing food for 
man to live on, rather than as sites for houses for man 
to live in. Of the exceptions to this general result, Silver 
Lake and Rossville are the most conspicuous, and prom- 
ise to become points of considerable importance to the 
county. 

We have now completed, in general outline and with 
some degree of minuteness, the events occurring in 
Shawnee County during what we have designated as the 
first territorial period — from its first settlement in 1854 
to the political revolution in the fall of 1857. To those 
who were in Kansas prior to 1858, the propriety of 



[35] 

dividiii*;- history into these distinct periods will be appa- 
rent. The whole political power of the Territory was 
directed to the single purpose of making Kansas a slave 
State during that first period; the policy pursued after 
that date is sufficiently apparent in the institutions we 
see around us — fruits of freedom, not of slavery. 

SECOND TERRITORIAL PERIOD— 1857 TO 18G1. 

Down to the time that the second board of county 
commissioners entered upon official duties — the close of 
1857 — no jiublic revenue had been collected in the coun- 
ty; no bridges had been built; no public school system 
had been put in operation, and no public school houses 
built, though for three years ample laws to the accom- 
plishment of different results had existed upon the pub- 
lic statute book. We do not speak of this sad state of 
affairs in censure of previously existing county authority 
— the fault lay, primarily, farther back than county 
organizations, and secondly in the Free State party, who 
were -sufficiently powerful in the county to resist the 
execution of rule notoriously unjust. 

One of the first acts of the new board was to provide 
for the erection of a substantial bridge over Deer creek, 
where passing had always been attended with great diffi- 
culty, and where one U. S. mail coach was upset and the 
mail lost. At a meeting of the county board held on the 
23d of February, 1858, the report of Joel Huntoon, en- 
gineer, in regard to the bridge w^as received and adopted, 
with plans and specifications for the same. The esti- 
mated cost for good stone abutments and superstructure 
of wood, was nine hundred dollars — afterwards raised to 
eleven hundred. An order was made directing the en- 
gineer to advertise for proposals for building the bridge, 
and to contract on the part of the county for the whole 
cost of the same, provided that the mode of payment 
should be as follows, to wit: The whole sum payable in 



[36] 

county bonds, redeemable proportionately at the rate of 
20 per cent, a year, and bearing interest at 10 per cent. 
The said proportion of 20 per cent, and interest to be 
receivable in payment of county taxes. 

At the same meeting the sherifif represented to the 
board that a number of persons were under his charge 
with no provisions made for the expenses of their board ; 
whereupon it was ordered by the board that the sheriff 
"is hereby authorized to issue certificates of advance 
payment of any taxes for the county that may be here- 
after assessed and collectable, and apply the funds thus 
obtained by him to defraying the expenses of boarding 
and guarding such prisoners, and that such certificates 
shall be received in payment of any county taxes liere- 
^.fter assessed." 

By an act of the first Free State Territorial Legisla- 
ture, approved Feb. 12, 1S58, organizations of municipal 
townships were provided for, with a board of township 
commissioners, and the chairmen of the several boards 
of township commissioners in each county constituted 
the board of county commissioners. 

Under the operation of this law the board of county 
commissioners for Shawnee County consisted of the fol- 
lowing gentlemen : Topeka township, Jeremiah Mur- 
phy; Tecumseh township, Eli Hopkins; Wakarusa 
township, P. T. Hupp ; Brownsville township, A. H. 
Hale; Burlingame townshij), George Bratton. 

COUNTY FINANCES. 

The first meeting of the new board of county commis- 
sioners was held on the 4th day of September at the house 
of Commissioner Eli Hopkins, a few miles east of Tecum- 
seh. At that meeting Jeremiah Murphy was elected chair- 
man of the board, and adjournment was taken till the 
13th. 



[37] 

On tlie l.'5tli the boar(l, luiving' under consideration 
the financial condition, it was ordered that the assessors 
of the several inunici[)al townships of the county should 
proceed, under tlie law, to assess the pro})erty in their 
respective townshi])S for taxation, and make retui'ii of 
their doings to the hoard of commissioners by the 1st 
of December. 

A large amount of business crowded upon the board 
and meetings were held by it at intervals of about two 
weeks during the fall and winter of 1858-59. 

A deep solicitude was felt throughout the county on 
account of the financial condition, especially as there 
was urgent necessity for the erection of bridges over the 
numerous creeks between Burlingame and Topeka and 
between Toi)eka and Big Springs. The Free State men 
were indignant that the bogus Legislature and the coun- 
cils of the county board should have deprived them of 
the opportunity of a pojjular election as to their county 
seat, and generally entertained a determination that they 
would have nothing to do with the payment for the 
court house that had been errected at Tecumseh, till such 
an election had resulted in favor of that locality. 

The po})ular feeling was not pleasant towards that 
town on account of the political sentiment prevailing 
there, and under which it had been fostered into a rival 
for j3olitical and commercial influonce with Topeka the 
seat of Free State influence, by the Territorial authority 
of 1855. 

The subject of the county finances came before the 
board again on the 13th of October and it was ordered 
" that the clerk make investigation of the records and 
papers in his office relating to the indebtedness of the 
county and manage the same in such concise and con- 
venient manner as should enable the board at its next 
meeting to consider and take action upon the same 
without hindrance or delay." 



[38] 
In response to a general interest in county affairs and 
especially a desire to know definitely what the board 
was doing upon the important matter of the pubiic finan- 
ces it was ordered by the board " that the clerk prepare 
for publication and publish in the Kansas Tribune, a 
newspaper published at Topeka, a synopsis of the pro- 
ceedings of the board at its past and present meetings, 
and also to publish notice of the time and place of the 
next meeting of the board." 

At a meeting held on the 30th of November the clerk 
made report to the board agreeably to its jirevious order 
in regard to the indebtedness of the county, as the same 
appeared of record, whereupon it was ordered that the 
clerk prepare for publication and cause to be published 
for general circulation in the county a concise statement 
of the indebtedness of Shawnee County, so far as the same 
appeared of record, together with a statement of the pur- 
poses for which and of the order and authority by which, 
such indebtedness accrued. 

At this meeting the clerk was ordered to give notice, 
by publication, to all persons holding demands against 
the county, of date subsequent to the first Monday in 
October in the year A. D. 1857, to present the same to 
the board on the last Tuesday in January, 1859, or file 
their claims with the clerk for presentation, before that 
date. 

The proljate judge, Edward Hoagland, at the meeting 
on the 30th of November, presented a petition to the board 
asking that his salary be fixed and that treasury orders 
be granted to liim for such sum as the county might be 
in arrears to him. This petition, together with several 
others of a similar nature, being considered by the board, 
it was ordered that they be " laid on the table." 

On the 14th of December the chairman of the board, 
Jeremiah Murphy, was requested to join the clerk in 



L;]!»j 

preparing for })iiblicatioii a statement of tlie public In- 
debtedness, as tlie clerk bad been ordered to do so on tlie 
30tli of November. On tbe next subsequent meeting of 
tbe board, January 4tli, held at- Auburn, the chairman 
and clerk were ready with their report, and presented 
the same, witb rt'solutious, as follows: 

7o the Citizens of Shawnee Cou7ity. 

Whereas, Conflicting statements are in circulation in regar- 
to the financial affairs of our said County, and consequent anxd 
iety and mistrust, Wk, the undersigned. County Board of Su- 
pervisors, have ileemed advisable and do hereby submit for gen- 
eral information a detailed statement of all claims against the 
county of Shawnee, so far as they are enabled to discover the 
same from the public records, together with the occasion 
thereof. 

It appears from files in the Clerk's office, that artcles of 
agreement were drawn up between the Probate Judge and Coun- 
ty Commissioners of Shav/nee County and the Tecumseh Town 
Association, bearing date September i7, 1855, whereby the said 
Town Association contracted to "convey to the said Probate 
Judge and County Commissioners, or their successors, the plat 
of ground in said Town of Tecumseh, known as "Court Square," 
and also Lots No, 26 and 27 on the public square ; and also for 
the construction of the brick-work, mason-work, digging, foun- 
dation and everything appertaining to that branch of the build- 
ing and erecting of a Court House for said county, on the 
terms following, to-wit : After the rate of twelve dollars per 
thousand on the brick measurement when completed, and the 
usual mason's prices, say at VVestport, for the stone work. 

The said Town Association to be paid for the same in manner 
following, viz : 

''One-fifth to be assessed and tax levied and collected under 
the first term prescribed by law, viz : commencing in February 
next (1856). 

" Two-fifths in like manner in 1857, and the remaining two- 
fifths in like manner in 1858, — with ten per cent interest on the 
whole sum remaining unpaid, commencing from the completion 
of said work : County debnitures or bonds to be delivered to 
said company in relative proportions, payable as above 
specified," 



[40] 

These articles were never fully executed, the same not 
having been signed by the said Probate Judge and County Com- 
missioners, nor by any one else on behalf of the county. 

It appears that bonds of the county have been issued to the 
said association, as follows to-wit : 

July 20, 1857 500.00 

August 15, 1857 2,725.00 

May 22, 1858 708.05 

3.933-05 
These bonds bear interest at the rate of 10 per cent per 
annum and thereon has accrued an aggregate in 
terest at this date of. 495.64 

$4,428.69 
In addition to this there is presented, a claim by the 
said Association for lightning conductors put up 

during the summer of i858 37-50 

Showing a total of obligations to the said Town Asso- 
ciation on account of the " court house " at this 
date, of. ;^4,466. 19 

It further appears that Duke N. Hunter, Superintendent of 
Public Buildings in Shawnee County, in accordance with Kan- 
sas Statutes, passed A. D. 1855, entered into articles of agree- 
ment with one Luther M. Carter, of Westport, Missouri, 
whereby the said Carter agreed to " furnish all necessary rrtate- 
rials and labor, and in all respects finish the ' Court House * 
in the town of Tecumseh, so far as said building may require 
brick-work and lathing and plastering, and painting, excepted." 

And said Carter was to receive therefor, the bonds of the 
county of Shawnee, to the amount of three thousand two hun- 
dred and thirteen dollars, payable, "one-third in one year from 
ist of February, 1856; one-third in two years from ist of Feb- 
ruary, 1856; and one third in three years from ist of February, 
1856 ; and bearing interest at and after at the rate of ten per 
cent per annum from the date of said bonds. 

One-tliird of said bonds to be executed and issued to said 
Carter or his assigns on the execution of securities on his part to 
the contract ; one-third when the roof is on, completed ; and 
the remaining one-third when the job is completed by said Car- 
ter." 



[41] 

It appears of record that the bonds of the county have been 
issued to Luther M. Carter as follows : 

On the i8th of August, 1856 1,071.00 

On the 15th of December, 1856 771.00 

Making of bonds issued to him $1,842.00 

And leaving an amount yet due him, according to 
the terms of the contract, upon completion of his 
job, of. 1,371.00 

$3,213.00 
The accumulated interest upon the eighteen hundred 
and forty-two dollars of bonds already issued, is 
at this date 439-33 

Making total indebtedness to Mr. Carter as per books 

at this date of. .1 $3)652.33 

PER CONTRARY. 

On the i6th day of March, 1858, Mr. Carter presented be- 
fore the Board of County Commissioners, bonds against the 
County in the sum of $2,913.00 and demanded further bonds 
in payment of interest then due upon this sum as computed by 
him of $565.13, and thus showing an indebtedness to him on 
that date, as claimed, of $3,478. 13. 

How he came in possession of so large an amount of bonds of 
the county does not appear, but assuming that a larger amount 
has been issued to him than from the books appears, and that 
his claim actually amounted, on the i6th of March last, as he 
claimed, to the sum of $3,478.13. 

Then the aggregate indebtedness to him at this date would be 
interest added, $3,750.00. 

It further appears that county bonds were issued to E. G. 

Goforth on the dayof , 1S57, for painting done 

on the said building, in the sum of two hundred dollars, — but 
whether these bonds bear interest is not known to us. 

In addition to the foregoing, there has been paid as per Treas- 
urers Report, for lumber used in and about the court house, the 
sum $91.30, and showing an aggregate expenditure on account 
of the same, amounting at this date, to the sum of $8,556.49, as 
follows, to-wit: 

Bonds issued to Tecumseh Town Association 4,466.19 

Bonds issued to L. M. Carter as claimed by him 3,750.00 

Bonds issued to E. G, Goforth and interest 249.00 

Orders paid per Treasurer's Report 9^-3'^ 

$8,506.49 



[42] 

We find Treasury orders outstanding as follows. 

No. I, in favor of E. Hoagland, dated Sept. 24, 1855 7-5<3 

No. 2, in favor of D. W. Hunter, dated Sept. 24, 1855... 67.00 

No. 3. in favor of John Martin, dated July 21, 1856 80.00 

No. 4, in f;ivor of H. J. Strickler, Aug. 18, 1856 6.00 

No. 5, in favor of Wm. O. Yager, Dec. 15, 1856 75 

No. 6, in favor of Wm. Yocum, Dec. 15, 1856 48,00 

No. 7, in favor of L. M. Carter, Dec. 15, 1856 10.80 

No. 8, in favor of John Martin, Feb. 23, 1857 56.50 

No. 9, in favor of Jesse Frjlnks, July 20, 1857 30.00 

No. II, in favor of Wm. O. Yager, Oct. 3, 1857 69.00 

No. 12, in favor of Wm. Yocum, Oct. 3, 1857 30.00 

No. 13, in favor of J. B. Whittaker, Oct. 3, 1857 54- 14 

No. 14, in favor of L. M. Carter, Oct. 3, 1857 65.00 

No. 15, in fdvor of Edward Hoagland, Nov. 20, 1857 60.00 

No. 16, in favor of John Martin, Nov. 20, 1857 85.95 

Total $745-55 

To which if we add the amount of claims on account of the 
"Court House," $8,556.49, tliere appears an ascertained de- 
mand of $9,304.94. 

Beyond the above there is a large amount of outstanding 
scrip, issued by the District and Probate Courts, to jurors and 
others, also for guarding andkeei)ing prisoners; dues to county 
officers during the past fifteen months, together with expenses 
for stationery, &c. , of which no definite statement can be made, 
but which from the best information we can procure, we should 
estimate to be some fifteen hundred or two thousand dollars. 

It thus appears that there are claims outstanding against the 
County, in the sum of about eleven thousand dollars. 

It may be expected of us in this connection, to say some- 
thing of the nature of the claims thus accruing, and of the course 
proper for the county to adopt in regard to them. But in 
this we shall be brief, preferring rather to leave a full discussion 
of the subject to the people at large. 

As will be observed, the principal of the amount of claims, 
is an account of a building erected in Tecumseh, ostensibly for 
the purposes of a court house for the use and benefit of the 
county. 

The so called Legislature of Kansas Territory, sitting at 
Shawnee Manual Labor School, in 1855, defined boundaries for 
Shawnee County, elected for us county officers, and prescribed 
ways in which they might proceed to the erection of county 



[48] 

buildings at an unlimited expense, thus characteristically with- 
holding from the people any expression of their choice in the 
location of their county seat and making them liable to onorous 
taxes for the erection of county buildings, in place and in char- 
acter, such as were entirely repugnant to their wishes. 

We will remark in relation to the expenditures on account 
of the "Court House," that they were made in the most reck- 
less disregard of the wishes of the county ; and in relation to 
the claims on account of the courts during the years 1855-56 
and '57 that they weie without the pale of any law of the peo- 
ple of Kansas ; neither receiving the regards nor the respect of 
any but the few who sought to impose them upon an unwilling 
and insulted people. 

We therefore have considered that popular opinion, as well 
as our own feelings and duties, demand of us, on behalf of the 
people of Shawnee County an utter renunciation of any indeb- 
tedness of our county for any purpose whatever, accruing from 
any cause whatever prior to October 1857. 

And therefore, we, the Board of Supervisors of Shawnee 
County, Kansas Territory, do hereby. 

Resolve, That we will consider no claim against our said 
county, grant no allowance or order, and make no appropria- 
tion for the payment of any claim accruing prior to tlie first 
Monday in October, 1857. Fully repudiating and renouncing 
any and all liabilities of our said county by reason of any 
contract, agreement, bargain, allowance or proceeding ; either 
through any person or persons having claimed authority thereto 
or otherwise, under any pretense whatsoever. 

J. Murphy, 
Alonzo H. Hale, 
George Bratton. 
F. W. Giles, Clerk. 

Brownsville, K. T., Jan. 4, 1859. 

It will be observed tliat the meetings of the board 
were not uniformly held at Tecumseh, the psuedo county 
seat. The laws of the first Free State Legislature had 
left them without restraint in regard to this matter, and 
they were pleased to avail themselves of all i)rivi leges in 
that line. The commissioners had held a meeting at 
Topeka on the 14th of December. 



[44] 

On the 2otli of Janiiury, the commissioners again 
assembled at Topeka, and on that occasion "ordered that 
in view of tlie probability of a change in the location of 
the county scat of this county before the next meeting of 
the board, that the Hon. Jeremiah Murphy and Eli Hop- 
kins be authorized to ].)rovide rooms for the several county 
officers, having regard to such change." 

REMOVAL OE COUNTY SEAT. 
By an act of the Legislature, approved Eebruary 12, 
1858, an election was provided for in the several coun- 
ties to select a site for county seat — the election to be 
held at the same time of the election of members for the 
next Legislative Assembly — in October of the same^year. 
The })oll books of the several precincts were to be re- 
turned to the probate judge of tlie county, who was re- 
quired to publish the result of the election for county 
seat, in five days after receiving them, whereuj)on the lo- 
cality receiving the highest number of votes should be- 
come ipso facto, the county seat. The poll books were 
duly returned to his honor the judge, or rather to his 
office in common with the office of his clerk, as had been 
specially designated at his suggestion by the county 
board, but no notice was taken of them by him, or at 
least no publication was made of the result of the election 
as the law required, tliough it was soon known through- 
out the county that the vote had been largly in favor of 
Topeka. Einally the public became so indignant toward 
Judge Hoagland, who had now symi)athized with the 
Free State sentiment, for his contumacy in refusing to 
publish the result of the election that he did on the IGth 
day of December publish a statement in relation to the 
election, but made it the occasion of assigning fourteen 
distinct reasons why the election was invalid and void — 
he formally declared it to be void. 

The clerk of the county board ex-officio clerk of tho 
probate court and recorder of deeds, then in turn became 



[45] 

revolutionary, and about the lOtli of Januaiy brought 
aM^ay the archives of his several offices to Topeka. 

The judge was exceedingly wroth at tliis, and witli- 
out delay procured a writ from Associate U. S. Judge 
Elmore, which was duly served upon the truant clerk by 
Sheriff Maires, appointee of Geo. Denon as successsor to 
Jehiel Tyler resigned, commanding him to apj)ear be- 
fore his honor at court on the following day to show 
cause why, &c. 

The clerk obeyed the summons and presented him- 
self at the court house in Tecumseh on the following 
morning. Judge Hoagland was jiresent to present the 
case, but the clerk was without attorney and willingly 
confided the result to Judge Elmore. The Judge realiz- 
ing the situation more fully than Hoagland, and perceiv- 
ing wrong in him as well as in the clerk, imposed no 
penalty or word of rei)roof, but told the clerk to go his 
way. 

On the 25th of January, the commissioners convened 
at Topeka again, and, with other business, ordered that 
Jeremiah Murphy and Eli Hopkins be requested to pro- 
vide rooms at Topeka for the several county officers. On 
the same day of this action by the board, the Legislature, 
in session at Lawrence, passed the following law : 

" Whereas, At an election held in the county of Shaw- 
nee, Territory of Kansas, on the fourth and fifth da3^s of 
October, A. D. 1858, for the location of the county seat of the 
said county of Shawnee, by a direct vote of the people of 
said county, the city of Topeka was selected as such coun- 
ty seat : 

" Therefore, Be it enacted that the county seat of Shaw- 
nee county, in the Territory of Kansas, shall be and the 
same hereby is, removed and permanently located at the 
said city of To2)eka." 



[40] 

Thus a subject wliicli had caused much anxiety on 
the part of the rival towns of Tecumseh and Topeka, and 
for which Brownsville had put forth urgent claims, was 
finally disposed of. 

On the 25th of January, the board of county 
commissioners appointed a committee with full power 
and authority to provide for a county jail at the city of 
Topeka, at an expense not exceeding six hundred dollars. 
In pursuance of the above order, an arrangement was 
entered into with the mayor and council of the city of 
Topeka, by which a small building was erected for their 
mutual use. 

The county of Richardson was detached from Shaw- 
nee, for judicial purposes, in 1859, and the county of 
Osage in 1861. 

At the townshij) election, on the 28th of March, there 
were elected as county commissioners : From Auburn 
township, A. H. Hale ; from Tecumseh township, Henry 
W. Martin; from Topeka township, Hugh M. Moore; 
from Burlingame township, S. R. Caniff. Mr. Hale was 
chosen chairman of the board. 

During the year 1859, the commissioners were largely 
occupied in establishing a system of revenue for the 
county and the several municipal townships ; in laying 
out roads; building bridges; granting ferries; regulating 
a common school system, and similar works incident to 
the public wants in newly organized communities. There 
was great difficulty in getting the revenue system to work 
effectually, so much so that it was late in 1859 before any 
funds flowed into the treasury, worth mentioning. For 
the year 1858, there had been a levy of $2,045.14 for 
county purposes, and $1,322.57 for purposes of the several 
municipal townships, as follows: In Topeka township, 
$805.10; in Tecumseh township, $923.04; in Brownsville 
township, $491.28; in Burlingame township, $305.12. Nq 



[47] 

part of this tax had Ix'ou collcctccl and returned to the 
county treasury, and but a very small percentage of it 
ever was collected. 

At the legislative session in 1858-59, six counties — 
including much the largest part of tlie population of the 
Territory — had received permission to issue county bonds 
to defray court expenses ; but Shawnee had not been one 
of them, confidently relying u[)oii hen- ability to })ut the 
machinery of civilization in motion witliout resort to a 
public loan. 

On the occasion of the March election, was submitted 
the question of holding a convention at Wyandotte, for 
the purpose framing a State Constitution. There was 
polled an aggregate vote of 420 in the county, of which 
359 were " For Constitution," and 67 " Against Constitu- 
tion." At the election held on the 7th of June, for dele- 
gates to that convention — four delegates to be elected — 
eight candidates were voted for. Of the votes cast, John 
P. Grier received the largest number (543), and Jeremiah 
Murphy the lowest number (50.) 

At the election u})on the adoption of the constitution, 
October 4th, the total vote cast was 780, of which 671 
were "for the constitution " — 109 against. On the 8tli of 
November at an election for delegate to Congress and 
other purposes 702 votes were polled. 

In the month of May U. S. Associate Judge Rush El- 
mon held his first district court at Topeka. In the fol- 
lowing year the county board memorialized the Judge 
to hold no court in the autumn, on account of the dis- 
tress of the people incident to the general failure of crops 
from drouths. 

At a meeting of the board on the 21st of June 'the 
clerk was ordered to cause to be removed from the coun- 
ty seal " the human figure and the w^ord Tecumseh." 



[48] 

On the 17 th of November of that year the commis- 
sioners levied a tax for county purposes in the aggregate 
sum of $9,415.52 upon the property of the several town- 
ships, as follows : 

Topckatp., $3,018.20; Tecumseh tp., 2,370.14 ; Au- 
burn tp., $1,707.75 ; Burlingame tp., $1,515.43 ; Waka- 
rusa tp., $804.00. The levy for common school purposes 
was two mills to the dollar valuation. 

The expenses of the county were necesarily large and 
the burden greatly augmented by the necessity of its 
using its credit for every expense incurred. County or- 
ders could only be used at about fifty per cent, of their 
par value in the fall of 1859. The items of expense for 
1859 were', for pay of civil and judiciary officers, $3,734.- 
72; for defraying the expenses of criminal cases and 
care of prisoners, $1,081.87 ; for defraying expenses of 
U. S. District Courts, $2,904.14 ; for the construction of 
highways and bridges, $2,802.00 ; for stationery, books, 
fuel and furniture for use of public offices, $253.16 ; for 
support of poor, $232.25 ; for rent of public offices and 
court room, $182.00 ; for printing, $73.50. Total, $10,- 
762.64. 

THE TOPEKA LAND RECORDS. 

There appears upon the public records of the county 
an order by the board of commissioners, under date of 
January 21st, 1860, largely personal in its nature, but 
deemed to be of some public importance and therefore 
given. The order referred to reads "That the county at- 
torney be and is hereby authorized to institute an action 
against V. W. Giles, late Recorder of Deeds of Shawneo 
County, for the recovery of any books of record, which 
contain any record of deeds which arc required by law to 
be kept or filed with the Register of Deeds of the county of 
Sliawnee, and wliich the said F. W. Giles retains in his 
possession and refuses to deliver to his legal successor in 
office." 



[41)] 

In ex})laiiiitioii of tlio foregoing action it nuiy bo well 
to say, that the man against whom this order was di- 
rected, had, in the spring of ISoT, of his own unadvised 
volition, and at his individual expense, })rocnred books, 
and for a nominal fee, kept a record therein of such 
transfers of inchoate title as had passed between the 
members of the Topeka Association and others ; and 
which were based entirely upon certificates issued by the 
trustees, to the effect that upon their acquiring title of 
the land from the United States, the holder would be en- 
titled to receive title from them of a given property or 
lot. The holders of these trustees' certificates were in the 
habit of transferring them by endorsement, requesting 
the trustee to make deed to the transferer, or, at other 
times, making an informal deed of the lot described in 
the certificate, and adding an order addressed to the 

trustees to make deed to the holder. 

• 

To the end that confusion of rights might not occur in 
the town company, and especially that the trustees might 
be prej^ared to do justice in the 2>remiscs, these records 
had been oi:>ened to such as might desire to have their 
papers recorded. 

At the session of the Legislature in the winter of 
1858-59, these records were thought to be of sufficient 
importance to justify an act, of which we append the 
first section, as follows : 

"Section 1. That the books of registry of transfers of 
lots in the city of Topeka, as kept by F. W. Giles, be and 
the same are hereby legalized, and sluiU be evidence in 
all courts of law or equity of the transfer of title in said 
city of Topeka ; and it shall be the duty of all persons to 
have transfers of titles registered in the said registry, 
until such time as the fee simple of said lots can be ob- 
tained from the United States or others ; when the same 
shall be recorded in the records of the office of the county 

4 



[50] 

in which said city of Topeka is situated, and said books 
then filed." 

The act may be seen in l*rivate Laws of 1858. 

Uupon retiring from tlio office of county clerk, cx-of- 
ficio recorder of deeds, which he held at the time of the 
passage of the foregoing act, the author of these " Tope- 
ka Land Records " had taken them with him, as their 
only proper custodian, and hence the i)rocedure against 
him. To avoid the trouble of litigation he permitted 
them to go into the custody of the public officers of the 
the county. Whether they are rightfully there — whether 
records may be lawfully made in them by anotlier than 
their author — are questions of some interest, but which 
have not been adjudicated. 

CHANGE OF COUNTY LINES. 

By an act of the Legislature, at the session of 1850-GO, 
there was detached from Shawnee County, on the south, 
all that territory previously belonging to the county and 
lying south of the towmship line, between towns Nos. 13 
and 14, amounting to six full government townships ; — 
and by the same act there was detached from Jackson 
County and added to Shawnee all the territory previously 
belonging to Jackson and lying south of tlie second 
standard parallel, amounting to a little more than two 
government townships. 

This action was largely proiiipUMl by a desire on the 
part of the j)eople living in the uorthcirn \n\vi of the 
county, and particularly at Topeka, to render that town 
more central in the county, and thereby strengthen its 
claims to permanently remain llie county seat. The ac- 
tion was reciprocated by a similar feeling by the pe(>[)le 
of J:5urlingame with reference to making that town the 
county seat of Osage county. It was particularly griev- 
ous to the town of Auburn which had been founded some- 



[51] 

what ii})on the probubiJily of its becoming the county 
seat of Hhawnee. A hope to that end was strongly cher- 
ished by its people till aftei- the 'cliaiige of county lines 
before iinnicd. 

This actiou necessitated ;i r'(M)rg;uiizatioii of iiiuni('ij)al 
townships, and on the 17th of March, 18b0, by action of 
the county board tlie number of townships was reduced 
to three, namely: Tecumseh townshi]), including in its 
boundaries all the ea.st(;rn portion of the county lying 
south of the river; Topeka township, comprising the 
newly acquired territory lying north of the river, and the 
northwest [)ortion of the county lying south of the river; 
and Auburn township, comjtrising the southwest portion 
of the county. 

This limited number of tctwnships being unsatisfac- 
tory to the citizens, on the !LiOth of April Monmouth 
Township was organized from the southern portion of 
Tecumseli township ; Williamsport, from the eastern 
})ortion of Auburn township ; and the newly acquired 
territory lying north of the river was enacted into the 
township of Soldier; and on the first of October the town- 
ship of Dover was enacted from the west })ortion of 
Auburn township. 

By the ever memorable droutli of 1860, Shawnee, in 
common with other districts, suffered very greatly. The 
labors of agriculture at that time were confined almost 
entirely to the growth of corn and vegetables, and of 
which hardly a bushel matured that year, for want of 
rain. Many people left the county, and large sections 
then depopulated have remained so to this day. 

On the occasion of tlie elections in March, 1860, 742 
votes were })olled, but in November, at an election of 
much greater general interest, but 591 votes were polled. 

The decrease of po])ulation in eight months was 



[52] 

probably considerably above 20 per cent, in Shawnee 
County. 

The aggregate indebtedness of the county was re- 
ported b}^ the commissioners on the first of October, to be 
$8,267.30. 

The valuation of the property for purposes of taxation 
was returned in 1860 at $1,229,617. The levy for county 
purposes was fixed at seven mills, for general purposes ; 
and a special tax of two mills on the dollar for roads. 
In addition to these, a tax was imposed for township pur- 
poses, in Topeka, of seven mills per cent., and in each of 
the other townships of one mill to the dollar. 

The financial report of the year shows the receipts 
from taxes and other sources to have been $9,270.37, and 
the total expenses to have been $10,977.74. 

TOPEKA FROM 1857. 

THE FIRST BRIDGE. 

Returning to consideration of affairs local to To- 
peka as we left them at the close of 1857, our attention is 
first arrested by a bridge enterprise. During the winter 
of 1857-58 Messrs. Jones and Kidney, men of some en- 
gineering skill arrived at Topeka and finding the people 
anxious for a bridge across the Kansas river, made a 
cursory examination of the river bed with reference to 
the practicability of constructing a })ilo bridge. They 
reported the plan feasible, whereupon a contract was 
made with them by a previously existing bridge com- 
pany, to build the bridge for the sum of about $10,- 
000 and have it completed for use by the first of Jvdy, 
1858. 

The winter proved very favorable for their work, so 
much so tluit the bridge was passible by the first day of 
May — the first bridge that spanned the Kaw. 



[53] 

The Topekans were greatly elated at tlieir achieve- 
meut and visions of connnercial greatness were clier- 
ished as a substantial thing already in hand. Notices 
of the bridge were made wherever they could l)e of 
interest, and were responded to by an amount of travel 
that had never concentrated at any point on the river 
before. There are many tilings of interest in connec- 
tion with this work — especially to Topekans of that period 
— but the limited proportions of this sketch will not 
permit of their narration here. 

But the bridge was a frail thing — no way equal to 
the majesty of the Kaw wlien "on a higli." In the fol- 
lowing July there came heavy and continuous rains 
tliroughout all the country drained by the river, and a 
flood rolled down the valley such as, it was said, had not 
been seen since 1844. Every possible effort was made to 
save the bridge by the citizens, but all of no avail. On 
the morning of the 17th of July the water reached the 
flooring of the bridge and. it swung in sections down the 
stream, bearing upon the fragments two spirits more de- 
termined in their zeal to clear away the drift and save 
the bridge than others, Messrs. James A. Hickey and G. 
G. Gage. 

The few weeks that the bridge had been in use had 
been ample to demonstrate its convenience to emigrants 
and freighters, and to show it almost a government 
necessity. It was useless for the little community to 
think of rebuilding without foreign aid, so an urgent 
and well supported appeal was made to the Secretary of 
War, J. B. Floyd, for assistance to the amount of $20,000. 
But the secretary, for other reasons than any undue 
affection for Free State towns in Kansas, heeded not the 
call. 

This bridge was at the locality of the present one and 
some of its piles may still be seen leaning in the river 



[54] 

bed. It had a draw of tlic turntable order, to admit the 
passage of boats. 

Ferries were reestablislied and no further efforts were 
made for a bridge till 1865. Jri October of. that year a 
l)ontoon bridge was coniph>tod tliat rendered vahiablc 
service for several years. 

STEAMBOAT] NG ON THE KAW. 

We have spoken of a draw in tlie bridge for the pas- 
sage of boats, a provision that to persons who have come 
to Kansas within the railroad era, may seem bordering 
upon the ludicrous, but if ttie}'^ could realize the import- 
ance that was attached to the question of the navigabili- 
ty of the Kaw by the fn-st settlers, they would s(h>. that 
this draw in the bridge represented a profound senti- 
ment of hope. The fact that supplies for Fort Riley 
were taken direct from St. Louis by steamboats in 1844, 
was faniilliar to the settlers and of great interest. 

In the summer of 1855, and- every year thereafter till 
18G0, steamboats visited Topeka, and some went bej^ond, 
as far at least as Manhattan. Their arrival was always 
heralded with great satisfaction, and the little transport- 
ation that Topeka had was cherfully given to the river 
boats, as many as three at a time having been seen at 
the muddy bank near the foot of Madison street, digni- 
fied by the name "levee." We take the following from 
the T(j})eka Tribune of June 2, 1859: 

"The arrivals and departures of steamers at our levee 
during the past week has already made quite an addition 
to the business appearance and prospects of our city. The 
(Jahma came up on Friday evening; the Otis Webb on 
Saturday, and the splendid little packet steamer Col. Gus. 
fjiiiii UukUmI on Saturday morning. All three of these 
boats brought large sliipmeiits of merchandise for the 
Topeka market, and the lirst and second named boats, 



[55] 

wliicli tunuHl about at this })lacu, took away lair cargoes 
of corn, etc. The officers of the Gus. Linn informed us 
that the river was in better condition for boatini^ — less 
snails and sand bars — between Lawrence and Topeka, 
than between Lawrence and the mouth of tlie river." 

Tlie warfare for free Kansas having been finally 
decided by the elections in the fall of 1857, immigration 
was large in the succeeding year, and exclusively from 
the free States. The predilections of these people led 
them to settlement in or near the free State towns. From 
these causes, with others, Topeka took up the march to a 
greater population and influence, with a firmer trust 
than had previously attended her course. A municipal 
government was organized, schools and churches and 
other public interests advanced ; and private enterprises 
— strengthened by the general firmness, |)olitically an<l 
socially, that marked the new life of Kansas;— inclined to 
the construction of better dwellings, hotels, and store- 
houses than before, and gathered rapidly around itself 
the finer threads of civilization abandoned in the East 
for the sterner work of life in the West. 

The buildings erected in Top<.;ka in 1859 were esti- 
mated to have cost from $60,000 to |70,000 — inde})end- 
ently of many im}>rovements to buildings })reviously 
erected. This would imply a large number of buildings 
of the quality then usually built. The increase of mate- 
rial wealth during the year was comi)uted at $100,000, 
and the increase to the population to have been 1,200 — a 
high estimate. 

During the winter of 1854-55, the founders of Topeka 
passed the evenings in their lowly and unlighted cabin 
in conversations upon subjects pertaining to their enter- 
prise. The writer well remembers the subject of railroads 
was under consideration one evening, when the remark 
was made by M. C. Dickey, that in ten years from that 



[5G] 

time we would have a railroad to Topeka. The remark 
was follcjwed hy a general laugh over what seemed so 
ridiculous a remark, for at that time there was no rail- 
road within four hundred miles of us — or at Alton, 
Illinois. 

ST. JOSEPH AND TOPEKA RAILROAD. 

By the Territorial Legislature of 1856-57, there was 
chartered a corporation with the above title. As its name 
imports, the purpose of the company was to build a rail- 
road from St. Joseph, Mo., to the little rude settlement in 
Kansas styled " Topeka," — a word sometimes defined in 
those days, and not rightly, to signify To lieah — to look 
into, or around, to see what was going on. 

The company was fully organized at St. Josei)h on 
the IGtli of June, 1857, by the election of Reuben Mid- 
dleton, Armstrong Beatti, W. P. Thompson, C. K. Holli- 
day, F. L. C»ane, M. C. Dickey, A. L. Lee, John Steward, 
E. 11. Grant, John W. Foreman, R. McBratney'and Rob- 
ert Riddle, as directors. 

The directors organized by the choice of W. Prodas 
Thompson, President; F. L. Crane, Treasurer; and R. A. 
Johnson, Secretary. At the time of this organization, the 
Hannibal & St. Joseph road was not built more than half 
way across Missouri, and the Missouri Pacific had not 
passed Jefferson City. George Willard Hall, at the time 
president of the Hannibal & St. Joseph road, was a man 
out of time in Missouri — he knew he was building that 
road for some purpose, and for what better ])urposG than 
to strike the center of Kansas, as it was then understood 
to be, and at once afford the imjjatient })eople of that 
Territory a ready means of communication with their 
eastern friends. 

Mr. Hall took an active interest in the road at once, 
visited Topeka and many points on the line of the road, 
to work up an interest in it, and declaring it his desire 



[57] 

to have the road coiistructud from the Missouri river to 
the Kansas river simultaneously with the completion of 
the Hannibal and St. Joseph. 

The Topeka Association issued a stirring " Railroad 
Circular " which it distributed extensively in the East. 
It is a document of great interest now, but we must con- 
tent ourselves by transcribing a few extracts. 

" Not onl}^ would the greater portions of Kansas be 
tributary to it, but in conjunction with the Hannibal and 
St. Joseph and the nortliern cross rail roads it would con- 
stitute the main thoroughfare between the southwestern 
and northern and northeastern states. There is reason 
to believe also that the main track of the Pacific road, in 
case of the early completion of this road, would be ex- 
tended from this terminus, and the R. R. to tlie Gulf of 
Mexico, recommended by Gov. Geary in his recent mes- 
sage, would also probably connect with it at this place. 

" This road from the considerations already named, 
will make the route from Chicago to Topeka the most 
important thoroughfare of trade and travel in the United 
States — witli Chicago for the point of concentration from 
the North and East, thence i^assing over the Chicago 
and Quincy, the Hannibal and St. Josei^h and the St. 
Joseph and Topeka roads to Topeka, the distributing 
point for Southern and Western Kansas, Oregon, New 
Mexico, California and Texas." 

If the language of these extracts seems extravagant, 
it is but necessary for one to go back in imagination 
twenty years and scrutinzie the situation of commerce 
and communication as they then existed, to see that it is 
but tame reality. We hesitate not to say, that for com- 
prehensiveness and boldness, the scheme of striking 
across Missouri to a point on the Kansas river a hun- 
dred miles interior, its date being remembered, was one 
of the most intelligent and bold conceptions of railroad 
building that has marked tlie age. 



[58] 

St. Joseph and Doiiiplian each subscribed $50,000 to 
the enterprise, and Topeka $30,000, The Doniplian Post 
in an editorial upon the subject in November, 1859, said : 
" A very wealthy company has charge of the building of 
the road ; all the necessary surveys have been made ; all 
the towns along the route have taken large subscriptions, 
the principal part of which they will pay up immediately, 
in grading from their respective places, so as to secure 
its completion in the shortest space of time possible. 

" Already a great deal of heavy work has been done 
on this part of the route. Two miles have been put in 
order for the iron and several miles more let out in short 
sections so as to secure the grading of the first two miles 
before winter sets in. We confidently expect to have a 
railroad connection with Doniphan by the Fourth of July 
and with Topeka in less than two years." 

The Hannibal and St. Joseph road had been com- 
pleted in the previous February. 

Even during the calamitous year of 1860, when every 
other interest in Kansas languished, this one worked 
steadily on and it seemed that Topeka was to be the first 
town on the Kansas river to enjoy railroad advantages. 

But it was not alone the St. Joseph and Topeka road 
that elated the Topekans in 1859. 

THE KANSAS CENTRAL RAILROAD. 

In the spring of that year AV. Y. Roberts and associ- 
ates, interested in the town of Wyandotte, inaugurated 
an enterprise of a railroad uj) the Kansas valley from 
their town to Fort Riley. They associated with them- 
selves certain capitalists of Pennsylvania, and, securing 
the services of Engineer 0. B. Gun entered immediately 
upon the work of survey. A line was first surveyed 
from Wyandotte to Lawrence on the north side of the 
river, thinking to cross the river at that point and con^ 



[59] 

tinue on the south side to Topoka. Subsequently, in the 
same year, a survey was made upon the south side be- 
tween Wyandotte and Lawrence to determine which was 
the more feasible route, and thence continued to Topeka 
where the line rccrossed the river to the north side. 
Tliis road was styled the Kansas Central. It was ex- 
pected by the projectors that a road would be extended 
down the Missouri river from St. Jose[)h and thus afford 
them connection by that route at an earlier day than the 
spirit of the Missouri Pacific would justify them in ex- 
pecting by it. 

The hopes of Topeka in March, 18G0, in view of the 
encouraging railroad jirospects, are set forth in an edito- 
rial of the State Record as follows: 

" With the rapid advancement of the St. Joseph and 
Topeka railroad we foresee the opening up for Topeka of 
a future un])aralleled for brilliancy in the West. The 
assured completion of this road (the St. Joe and Topeka) 
will make an almost air line to all points of the North 
and East, giving us communication with the great com- 
mercial marts of the country, and affording us a speedy 
outlet for the immense productions of this fertile valley. 
The Kansas Central road will not be long behind the St. 
Joe in reaching this point, and then we will have con- 
centrated here a railroad interest which will attract cap- 
ital and trade from every direction and tend to the ag- 
gregation of commercial interests at this point sufficient 
of themselves to create a city of the first magnitude. 
With the completion of one or both of these roads, the 
immense trade of New Mexico will at once make its de- 
pot here, throwing into our city a commerce far surpas- 
sing tliat which constitutes the glory of Damascus in the 
day of her greatest prosperity." 

In justification of what may now seem extravagance 
in the foregoing anticipations, it should be remembered 



[GO] 

lliat tlic enterprise of the St. Joseph & Topeka road was 
in such state of forwardness as to demonstrate the practi- 
cability of its completion to Topeka within one year of 
the time the article was written, even by the slow process 
of construction then practiced, and that the wealthy 
stockholders of the Hannibal & St. Joseph road were fully 
conscious of the advantages of an early extension of their 
road into the heart of Kansas. 

It is idle to speculate about what might have been — 
and yet it is interesting to remember, in this connection, 
that, with the two roads completed to Topeka in 18G1 ; 
with a road from Emporia to Topeka", as was then proba- 
ble, in a year or two thereafter, and no road to Kansas 
City from the East till the summer of 1866, Topeka would 
unquestionably have enjoyed facilities and time for com- 
mercial growth, in a pre-eminent degree. To the great 
drouth of 1860 in Kansas, and to the cloud of civil strife 
gathering blackness over the nation during that year, 
and culminating in the storm-burst of 1861, may well be 
atti-ibuted the changed results. 

RAILROAD CONVENTION. 

On the 7th of Octoljor, 18(>0, a general railroad con- 
vention was held at Topeka, at which about 125 delegates 
were present. Many railroad schemes were under con- 
sideratio]!, as it was expected that when Kansas should 
be admitted into the Union, a grant of lands for railroad 
aid would be made, and it was deemed advisable to have 
a previous understanding as to the routes that should 
receive them. 

The schedule agreed upon embraced five distinct 
lines of road, the two immediately affecting Shawnee 
County being as follows : 

" A railroad from the city of Wyandotte up tlic Kan- 
sas \^alley, by way of Lawrence, Lecompton, Tecumseh, 



[Gl] 

Topeka, Manhattan and the Fort Riley Military Reser- 
vation, to the western boundary of tlie Territory." "A 
railroad from Atchison, by way of To})eka, through tlie 
Territory in the direction of Santa Fe." 

The schedule, as agreed upon, was generally satisfsic- 
tory to people, and in subse({ucnt years was carried out 
with an unusual degree of faithfulness, in such matters. 
The Leavenworth, Pawnee & Western Railroad Company 
had been organized, and on the 14th of June procured 
the passage of an act by Congress authorizing the sale of 
the Delaware trust lands in the interests of that road. 
This produced some uneasiness at Topeka, lest that road 
should be built, as its landed interests seemed to dictate, 
on the north side of the river past Topeka. These api)re- 
hensions strengthened as time elapsed, and Topeka men 
made strenuous eiforts to induce the company, when it 
should build its road, to cross the river at Tecumseh, and 
continue westward thence on the south side. A prelim- 
inary survey was made, at the expense of Topeka, througli 
Wabaunsee County, to demonstrate the practicability of 
that route. 

UNITED STATES MAIL ROUTES. 

Kansas, from various causes, had been subject to de- 
ficiencies and irregularities of mail service, as well as in 
other things. Congress had, in 1858, established neces- 
sary routes, but from a failure to make necessary appro- 
priations, mail service could not be supplied till the fall 
of 1860. We give below a list of routes affecting Topeka, 
as they were let on the 31st of July of that year : 

From Topeka, by Brownsville, Wilmington, Wau- 
shara, Allen and Orleans to Plymouth and back, once a 
week. 

From St. Joseph, in Missouri, via Atchison, Palmyra, 
Geary City, Doniphan, Monavia, and Grasshopper Falls 
to Topeka and back, three times a week. 



[62] 

From Topeka, by Quincy and Eagle City to Shellrock 
Falls and back, once a week. 

From Cottonwood Falls, by Cahola, to Topeka and 
back, once a week. 

From Topeka, by Lecompton and Willow Springs, to 
Minneola and back, three times a week. 

From Topeka, by Mission Creek, Wadswortli, Fre- 
mont and Alma, to Wabaunsee and back, three times a 
week. 

Many of the localities here named are now forgotten, 
but in that day they had prominence, and were hopeful 
of becoming important business centers. 

THE STATE CAPITAL. 

But the subject, above all others, of un waning interest 
to Topeka, almost from the day it was founded, was the 
possibilities and the hopes and the probabilities of her 
becoming the State capital. She had succeeded in the 
Topeka Constitutional Convention in having herself 
named as the capital, aiid as a consequence had gained 
prominence as a candidate for that position. In the 
repeated conventions that were subsequently held to 
frame State constitutions, Topeka always urged her 
claims for the lienor, and with universal success. In 
accordance with popular sentiment, the question of local- 
ity must V)e suljmitted to a general vote, and the Wyan- 
dotte constitution provided as follows : 

" Sec. 8. The temporary seat of government is hereby 
located at the city of Topeka, county of Shawnee. The 
first Legislature under this Constitution shall provide by 
law for submitting the question of the permanent loca- 
tion of the capitol to a popular vote, and a majority of 
all the votes cast, at some general election, shall be neces- 
sary for such location." 



In obedience to this injunction the first State Legisla- 
ture ])assed an act to provide for the permanent loc;ation 
of the State capital, tiie first section being in the follow- 
ing words : 

" Section 1. That there shall be an election for the 
permanent location of the State capital on Tues- 
day succeeding the first Monday in November, A. D. 
1861, and, no place receiving a majority of all the votes 
cast, an election for the permanent location of the State 
capital shall be held at each succeeding general election, 
on the Tuesday succeeding the first Monday, until some 
place shall receive a majority of all the votes cast." 

The people of Shawnee County were apprehensive for 
results as they approached the final ordeal and would 
have preferred that the important election thus precipi- 
tated upon them, should have been deferred for a few 
years. But for similar reasons why Shawnee preferred a 
postponement of the final contest, her competitors de- 
sired its precipitation, and in this they prevailed. 

The election soon became the absorbing theme, espec- 
ially in Shawnee and Douglas counties, the chief towns 
of which were so largely interested in the result. There 
were many difficulties in conducting the canvass, pecu- 
liar to a sparsely settled country, chief of which were the 
difficulties of travel, there being no railroads and few 
routes of public conveyance. The chief fields of contest 
were in Leavenworth and Atchison counties and in the 
counties north and south from Shawnee. A good deal 
of what politicians call heavy work, was done, especially 
at Leavenworth City, the vote of which was divided be- 
tween Topeka, Lawrence and herself, though preponderat- 
ing to Topeka, Leavenworth had no expectations of 
being elected and the vote reserved to herself would have 
been given to Topeka but for the persistent efforts of 
Jjawrence to get it. 



[64] 

The vote polled ui)oii the question, in the State, was 
14,471, of which Topeka received 7,996 ; Lawrence, 5,291, 
and all others 1,184. Very much the largest number of 
counties voted for Topeka. 

The sessions of the House of Representatives for 1861, 
1862 and 1863 were held in a building now forming the 
front portion of Costa's Opera House, and the sessions of 
the Senate, for the same period, were held in a large 
building that stood upon the southwest corner of Kansas 
and Sixth avenues — known as the Ritchie Block. 

By an act of the Legislature, approved March 2, 1863, 
the Secretary of State was directed to enter into a contract 
on behalf of the State, with Messrs. Gordon, Mills, Gage 
and Farnsworth, to erect a temporary capitol building 
upon lots 131, 133, 135 and 137 Kansas avenue, in the 
city of Topeka, according to plans and specifications, and 
to lease the said building for the term of five years, with 
the privilege of ten years, at the annual rental of $1,500 ; 
the property, under the same act, being exempted from 
all taxation during tlie period of its occupancy by the 
State. 

The contract was duly entered into, the building 
erected and taken possession of by the State officers in 
the following autumn. The building occupied by the 
Topeka Constitutional Convention in the fall of 1855 for 
framing that somewhat famous document, and locally 
known as " Constitution Hall," was embraced within the 
limits of tlic building prepared for the State — the prin- 
cipal room tliereof becoming tlie Senate Chamber. 

At the session of the Legislature in 1802, the twenty 
acres of ground in the city of Topeka, now known as 
" Capital Square," and upon which is located the State 
House, was j)resented to the State by the Topeka Associ- 
atioji, and accepted by joint resolution, as follows: 



[65] 

" That the tender to the State of Kansas of a block of 
land in the city of Topeka, suitable for capitol purposes, 
made by the Hon. C. K. Holliday, as president and 
special trustee of the Topeka Association, is accepted, 
and that the Auditor of State is hereby authorized to 
receive the deed thereof, in behalf of the State, and cause 
it to be properly recorded and preserved." 

The first appropriation for building a State House 
was made at the session of 1866, and during that year 
the foundations were nearly completed, but the frosts of 
the winter proving destructive of the stone used — taken 
from a quarry a mile to the southeast of Topeka — the 
work had to be rebuilt of other stone. The east wing 
was completed for occupancy in the fall of 1870. 

The session of the first State Legislature and the con- 
centration of State business at Topeka added largely to 
the general movement upon the streets, and considerably 
to the local business of the town ; and thereafter, the in- 
fluence of the State business has been all that had been 
anticipated, probably; though in later years that influ- 
ence has not been so apparent on account of the greater* 
prominence of other influences upon the prosperity of 
the town. 

The coming of the State and Federal Courts, too, con- 
tributed largely to the general weal of both the town and 
county. 

On the 14th of April, 1860, the county commissioners 
published the following in response to conflicting rumors 
in regard to the financial condition of the county. 

" Whole amount of county orders issued from and af- 
ter the first Monday in October, 1857, $12,354.78. 
Amount of tax levied to meet the above indebtedness, 
$12,060.66. Amount against the county for which no 
provision has been made by taxation, $294.12. In ad- 



[66] 

clition to the above named sums there is between four 

and five thousand dollars in the form of warrants and 

bonds which were issued prior to the first Monday in 

October, 1857, and which have been repudiated by our 

predecessors as constituting no just debt against the 

county. The question of the responsibility of the county 

for the repudiated bonds is now before the courts, and 

all persons are hereby notified that the present board 

does not intend to recognize such bonds as valid unless 

compelled to do so by the highest courts. 

G. W. Spencer, ^ 

J. M Haywood, V Commissioners." 

Wm. C. Bowker. j 

The expenses of the count}^ for 1861 do not seem to 
have been very accurately kept, but were reported by 
the commissioners to have been the round sum of $10,- 
000. The levy that year for county purposes was one 
per cent. Upon Topeka township for township purposes, 
.0013, and in each of the other townships one tenth of 
one per cent. The commissioners did but li^cie business 
that year, a fact for which there is possibly occasion for 
^gratitude. The year 1861 should be remembered as a 
year of important events to Shawnee county. 

From 1861 to 1865 the thoughts and efforts of the 
county in common with all the country were so absorbed 
by the terrible conflict that raged between the free and 
the slave States of the Union that few works of import- 
ance in a matured way were entered upon. Still it may 
be said that during all that dreary period there was a 
general prosperity in Shawnee County. The agricultural 
interest — especially in the valley of the Kansas river — 
was steadily advanced and the city of Topeka, year by 
year, added to her population, wealth, beauty and influ- 
ence. 

During the period of the war, Shawnee County con- 
tributed largely of her men to the armies of the Nation, 



[67] 

never falling behind nor faltering in works of patriot- 
ism with her associate counties, nor Kansas with her as- 
sociate States. And what Shawnee County did for the 
cause of the Nation, she did ungrudgingly and without 
complaint. The scenes of battle were generally so far 
from her borders that the dead from Shawnee were not 
returned to her. Scenes of patriotism and of grief fill 
the mind as we write, but wliich can have no place in 
this narrative. It is not well to pass unnoticed, however, 
the going out from Topeka on the morning of the 12th 
.of October, 1864, of Shawnee's regiment to do battle with 
the invading army of Gen. Price. 

Those who witnessed and those who took part in the 
scenes of the untrained militia as it formed on Sixth Av- 
enue and moved out to the east in its varied equipage 
and followed by its incongruous huddle of farm wagons 
and teams in haste to be a military train, know the spir- 
it in which men leave their families and go into battle. 

From the dearly bought victory at Big Blue on the 
22d there were returned for rights of honor and sepul- 
chre the bodies of — 

HARVEY G. YOUNG, JAMES P. ALVERSON, 

McCLURE MARTIN, D. DRAKE, 

NICHOLAS BROWN, SAMUEL ALLEN, 

GEORGE GINNOLD, ROBERT McNOUN, 

CHARLES H. BUDD, ALBERT CAHPMAN. 

LEAR SELKIN, HIRAM C. COVILL, 

R. J. BOLLES, DANIEL HANDLEY, 
W. P. ROBERTS. 

Ground was specially set apart in the Cemetery by 
the generosity of its proprietor, and on the 10th of De- 
cember were transferred to it, from temporary burial 
near Wyandotte, the bodies of these patriot dead. 



[G8] 

It was an occasion of gloom and lamentation, such as 
has at no other time rested upon the people of Shawnee 
County. There upon that unkept ground, sacred in the 
memory of all who esteem the character that can do sac- 
rifice for another, it is yet the pleasure of our people to 
annually gather the garlands of May, and refresh the 
memory of their heroes. So let it be. 



LIBRARY OF CONGRESS 



DDDlflTaiEflS 



